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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노307 (1)
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant, such as the confession and reflecting of a crime by the defendant.

On the other hand, the Defendant committed each crime in the judgment during the period of a repeated crime, which has been punished several times due to the crime of the same kind of crime, and has been released from the court, and has committed each crime during the period of a repeated crime, which is only four months, and the Defendant committed two times. The Defendant threatened the victims of plastic gas or knife, which is dangerous for the reason of his death. In light of the process of the crime or the risk of the method of the crime, the crime is very poor, several crimes have been committed in a short period, and the victim has not been able to recover from the damage.

In addition to the above various circumstances, the court below's punishment is too unreasonable, taking into account the following circumstances: (a) was charged with robbery committed by the Defendant around the day of each crime; (b) on September 4, 2014, this court was sentenced to imprisonment of one year and six months; and (c) on November 19, 2014, the Seoul High Court (Seoul High Court) rendered a dismissal judgment; and (d) the above case is still pending in the final appeal; and (e) the court below rendered the lower court's statutory penalty for each of the crimes committed against the Defendant; and (e) the Defendant's age, character and conduct, motive for the instant crime, means and consequence of the instant crime; and (e) various sentencing conditions

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

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