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(영문) 서울서부지방법원 2015.05.01 2015노336
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) by the court below is too unreasonable.

2. It is recognized that the defendant reflects his mistake and makes a confession of all crimes, and that the amount of damage caused by the damage to property has been repaid by agreement with the victim D.

However, in order to maintain public order and establish the rule of law, punishment is required for acts that interfere with legitimate performance of official duties. The defendant cannot be deemed to be less severe in that he interfered with the legitimate performance of official duties of police officers by drinking alcohol, assaulting police officers, etc., and the defendant again committed the instant crime even though he was sentenced to six months of suspension of execution on November 22, 2013 due to the crime of obstruction of performance of official duties and was sentenced to two years of suspension of execution, and again committed the instant crime, even though he was under suspension of execution on June, 203, there is a previous crime, such as assault, bodily injury, damage to property, etc., the defendant did not present any circumstance to change the sentence of the court below in the trial, and it is not recognized that the sentence imposed by the court below is too unreasonable in full view of all the factors of sentencing as shown in arguments, such as the character

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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