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(영문) 서울중앙지방법원 2014.10.23 2014노3226
공무집행방해등
Text

The judgment below

Part concerning the second offense in the judgment shall be reversed.

A fine of 3,000 on the second offense against the defendant's judgment.

Reasons

1. The summary of the grounds for appeal is that the respective punishment of the court below (the crime No. 1 and No. 3: imprisonment with prison labor for 10 months and confiscation, and the crime No. 2 in its holding: imprisonment with prison labor for 6 months) is too unreasonable;

2. Determination on the grounds for appeal

A. In full view of the various circumstances under the part concerning the first and third crimes in the holding, the Defendant’s assertion on this part is rejected, since the lower court’s sentence imposed on this part is not deemed unreasonable.

An advantageous circumstance: A victim does not want to be punished for a defendant with respect to the crime No. 3 as stated in the judgment. It does not seem that substantial damage caused by each crime is not significant. A confession and reflectivity. An equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act is considered

b. Unfavorable circumstances: The nature of the crime is pleasure. The punishment determined by the lower court appears to have taken into account all the circumstances favorable to the Defendant, and there are no special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment. Other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing and sentencing indicated in the present arguments and records, are considered.

In full view of the various circumstances under the part of the crime No. 2 in the judgment below, since the court below judged that the sentence imposed on the defendant with regard to this part is unreasonable, this part of the defendant's assertion is with merit.

The favorable circumstances: 12 million won should be paid in the first instance trial, and the victim does not want to be punished by the defendant under an agreement with the victimJ. Damage is relatively minor, confession and reflect. Unfavorable circumstances: the nature of the crime is pleasure. Criminal facts related to violence and four times during the period of suspension of execution. Other 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, etc. are considered. The judgment of the court below on March 3, 2007, which are the conditions for the arguments of this case and the sentencing indicated in the records

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