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(영문) 인천지방법원 2017.12.07 2017노3432
업무방해등
Text

The defendant's appeal is dismissed.

Expenses relating to witnesses shall be borne by the defendant among the costs of lawsuit in the original judgment.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (one year and eight months of imprisonment) is too unreasonable.

2. The judgment seems to have led to the confession of a crime and reflect in depth.

In addition, it is time for the court below to interfere with the execution of official duties which was denied by the court below.

Some victims shall not be punished.

However, the criminal liability of the defendant is not against the law.

Many criminal records, including a large number of criminal records, are repeated crimes of the same kind.

In addition, during the trial of the court below, the obstruction of the execution of official duties has been committed.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the expenses for eight witnesses at the court below.

In cases of the cost of a defense counsel at the original judgment and the party deliberation, the defendant shall not be charged by applying the proviso to the same paragraph, taking into account the fact that it is an essential national election according to detention.

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