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(영문) 서울고등법원 2017.06.02 2017노935
폭발성물건파열미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant using cargo vehicles, etc. to threaten police officers, and to explosion liquid petroleum gas supply. The Defendant could cause serious physical harm to police officers, etc.

On July 11, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of insult against a police officer at the Seoul Northern District Court, and on June 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with labor for a violation of the performance of official duties by a police officer at the Incheon District Court Branch Branch of the Incheon District Court on June 12, 2015.

However, the crime committed in order to explosion the liquefied petroleum gas source was attempted.

Police Officers H and F do not want to punish a defendant.

Defendant is committing a crime.

The defendant is a third-class disability with brain-disease.

In light of these factors and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment of the court below is appropriate and is not too heavy or less severe in light of all of the sentencing conditions in this case.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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