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(영문) 서울서부지방법원 2016.03.17 2015노1804
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The crime of interference with the execution of official duties of this case is likely to threaten the police officers dispatched by the Defendant at the time, and in particular, as the police officers are pushed ahead to the vehicular north of the river where the police officers are running on high speed, it is obvious that the police officers were able to put on the vehicle in fact, and such risk is very high.

In addition, the defendant has been punished for the same crime, including the past.

Considering these circumstances, criminal punishment for the defendant is inevitable.

However, in light of the following circumstances, it is judged appropriate to take corrective measures in society to prevent the defendant from repeating a crime through community service and alcohol treatment lectures instead of suspending the execution of the sentence only once. Therefore, the punishment imposed by the court below against the defendant is too unreasonable.

0 The defendant does not repeat again recognizing the entire crime of this case.

It is hard to say that 00,000 won was deposited by the defendant for the purpose of preventing the recidivism of the defendant's family member who is the defendant 0,000 won.

In addition, the company which employs the defendant also expresses his intention to continue the employment relationship when the defendant is released, and the social relationship appears to be clear, and there is no record of crime subject to the punishment of suspended execution or heavier punishment for the defendant.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

Criminal facts and the summary of the evidence recognized by the court as stated in this Court shall be the corresponding columns of the original judgment.

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