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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
서울남부지방법원 2016.08.18 2016노890
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing);

A. In view of the fact that the Defendant recognized the mistake of the Defendant, the fact that all victims commit the crime, and the fact that all damages are relatively minor, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. In light of the following: (a) the method of expressing the violent inclinations of the Defendant by the prosecutor is a non-discriminatory and variety; (b) it is difficult to find out any motive or reason for the crime; (c) 40 times of violence criminal records; (d) the crime of interference with the performance of official duties was committed within 4 months after the discharge; (d) the crime of interference with the performance of official duties was committed; (c) the police officer’s assault and damage to property was extremely light of legal order; (d) the crime of interference with the performance of duties was committed; (e) the police officer’s assault and damage was committed; (e) the police officer’s failure to comply with the order; (e) the failure to endeavor to recover the damage; (e) the risk of recidivism is high;

2. Examining the Defendant’s age, character and conduct, records of punishment, motive, means and consequence of the crime, etc., as well as all of the sentencing conditions in the instant case, including the circumstances after the crime, and the sentencing reasons of the lower judgment, the lower court’s punishment is too heavy or unreasonable, even considering the circumstances asserted by both parties on the grounds of appeal.

3. As such, each appeal by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.