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(영문) 대구지방법원 2020.01.09 2019노4130
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, confiscation) imposed by the court below is too unreasonable.

2. The Defendant recognized his mistake as well as his mistake in recognizing the fact that the Defendant was in a trial and has committed the crime of fire prevention against the motor vehicle.

There is no record that the defendant has been punished in Korea, and there is no good health situation due to depression, etc.

However, the defendant intrudes upon the victim B's residence that he gets into a ties relationship, thereby threatening the victim, and spreading gasoline to the victim's car, thereby causing high risk of the crime, and the nature of the crime is bad.

The defendant got a police vehicle driving his own car. The defendant got a police vehicle driving his own car.

The defendant was unable to receive a letter from the victim B or to agree with the victim.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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