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(영문) 인천지방법원 2017.12.20 2017노3061
권리행사방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the sentence imposed by the court below on the defendant (an order to provide community service and attend lectures for 40 hours for a period of 1 year and 2 months of imprisonment, 3 years of suspended execution, and 1 year protection and observation of protection, and 200 hours), is too unreasonable.

2. Taking into account the various sentencing conditions shown in the instant judgment records and pleadings, the lower court’s punishment is too unreasonable, even considering the circumstances alleged by the Defendant on the grounds of appeal.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio pursuant to Article 25(1) of the Criminal Procedure Act, the former Act on the Establishment of Local Reserve Forces under Article 19 of the Decree on the Establishment of Local Reserve Forces shall be deemed to be “the Act on the Establishment of Local Reserve Forces.” The judgment of the court below shall add “the imprisonment without prison labor for the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents” to “the imprisonment without prison labor for the crime of violating the Act on the Establishment of Local Reserve Forces” following the “Article 364(2) and “Article 25(2)” of the Rules on the Establishment of Criminal Procedure

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