(영문) 인천지방법원 2017.07.07 2017노33 | 리걸엔진

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(영문) 인천지방법원 2017.07.07 2017노33

공무집행방해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of destroying the property of this case and interfering with the business of this case, but the fact that the defendant did not have the quality of the crime by causing the crime of obstructing the performance of official duties, and that he did not receive a letter from the victim or the victimized police officer is disadvantageous. The fact that he recognized his crime and reflects it, and that he was punished by the crime of violence two times, but the fact that he was punished by the fine by the crime of this case was 14 years before the crime of this case, and that he did not have any record of the same crime is favorable

In addition, in full view of various circumstances that form the elements of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relationship, background of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the court below is too heavy or it cannot be deemed unfair because it is too heavy. Thus, all of the arguments of the Defendant and the prosecutor’s wrongful sentencing are rejected

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition by the court below (Provided, That since it is obvious that the "in calculation" in Article 2, 11 of the Criminal Procedure Act is a clerical error among the facts constituting the crime of the court below, it is obvious that it is a clerical error, and correction is made ex officio by changing it from the stairs under

참조조문

-형사소송규칙 제25조 제1항

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