logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.26 2017노2939
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s judgment dismissing the prosecution regarding the assault among the facts charged in the instant case, and sentenced the remainder of the facts charged, which became final and conclusive as they appealed only against the Defendant’s conviction. As such, the part dismissing the prosecution for which the Defendant and the Prosecutor did not appeal became final and conclusive.

Therefore, the judgment of this court is limited to the guilty part of the judgment below.

2. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.

3. It seems that there are favorable circumstances, such as the fact that the defendant shows an attitude that the defendant misleads himself/herself and reflects on his/her wrongness, and that he/she appears to have compensated for damage caused by the crime of property damage.

On the other hand, this case prevents the performance of official duties by assaulting two police officers dispatched after receiving a report, such as taking a fire extinguisher, which is a dangerous object of the defendant, and destroying glass windows, etc., and taking a beer, etc., and thus, commits a repeated crime due to the crime of destroying property, and commits a repeated crime during the period of a crime of destroying property.

In addition, one defendant has several criminal records of violence.

In light of the above circumstances favorable to or unfavorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and other various sentencing conditions as shown in the argument of this case, the sentence of the court below is too unreasonable because it is too unreasonable. Thus, the above argument by the defendant is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow