(영문) 의정부지방법원 2020.12.22 2020노2629

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.12.22 2020노2629

업무방해등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

Along with the fact that the Defendant has reached the trial for the first time and recognized all of the crimes of this case, such as recognizing the crimes of this case in 2019Kadan4600, etc., and the degree of violence of each of the crimes of this case is relatively minor, etc. is favorable.

However, despite the fact that the defendant had been punished several times for the same crime, he/she repeatedly committed each of the crimes of this case during the same repeated crime period and again again. The defendant seems to have high risk of repeating the crime of this case. The defendant was arrested as a flagrant offender by committing the crime of this case of 2019 Mandan4600 and was arrested as a flagrant offender despite his/her release, and continuously committed each of the crimes of this case. While he/she was arrested as a flagrant offender by committing the crime of this case of 2020 Mandan1093, he/she was arrested and released, he/she continued to commit each of the crimes of this case. In particular, the crime of this case of 2019Kadan4600 seems to lack the defendant's awareness of law, especially the crime of this case of this case of 2019Kadan4600 is excessively committed by the defendant while interfering with the operation of the victim C while being detained by the prosecutor on July 31, 2019, the crime of this case of 2020Kadan293 is very unfavorable to police officers.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem the lower court’s punishment is too unreasonable

Therefore, the defendant's assertion of unfair sentencing is not accepted.

In conclusion, this conclusion is followed.

유사 판례

-의정부지방법원 2021.01.15 2020노2773

-부산지방법원 2015.01.16 2014노3664

-창원지방법원 2015.06.17 2015노1053

-청주지방법원 2019.09.06 2019노973

-수원지방법원 2016.11.24 2016노6328