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(영문) 서울동부지방법원 2020.05.22 2020노350
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the grounds for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is modified.

Therefore, the defendant's assertion is without merit.

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

(4) According to Article 25(1) of the Rules on Criminal Procedure, the first head and the part of the judgment of the court below regarding the criminal facts are as follows: "The defendant was sentenced to four months of imprisonment with prison labor for a special assault at the Seoul Eastern District Court on September 12, 2018 and released on December 21, 2018 by the ruling of revocation of detention on December 17, 2018, and the execution of sentence was completed on the same day after the above ruling became final and conclusive on December 21, 2018," and the execution of sentence is merely based on the premise that the number of days of pre-trial detention is included in the term of punishment, not execution of sentence. According to the records, the defendant was sentenced to four months of imprisonment with prison labor for a special assault, etc. at the Seoul East East District Court on September 12, 2018, and the above judgment becomes final and conclusive on December 21, 2018, and execution of imprisonment with prison labor remains final and conclusive at the same time.

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