logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.27 2020노783
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The judgment of the court below which found the defendant guilty of all of the facts charged of this case without assaulting the victims, or causing injury to the victim F and E, and even if the entrance door as stated in the facts charged was not damaged, there is an error of misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. The court below made a mistake of facts or misunderstanding of legal principles as alleged above in the judgment of the court below, and explained in detail the grounds for the judgment as to the defendant's argument. In light of the records and thorough comparison of the evidence of this case, the judgment of the court below is just and it is not recognized that there was an error of mistake of facts or misunderstanding of legal principles as alleged by the defendant.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. If there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

The judgment below

Inasmuch as new circumstances or special circumstances that may be reflected in the sentencing after the sentence do not appear, and furthermore, the crime of this case may interfere with the activities of the local councils that need to gather more accurately and accurately the opinions of residents through the free communication with residents, and thus need to be strictly punished, taking into account the circumstances in the lower court’s reasoning, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, as a whole, various conditions of sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, it cannot be deemed that the lower

Therefore, the defendant's inappropriate sentencing.

arrow