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(영문) 서울중앙지방법원 2016.12.22 2016노3890

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant acknowledges and reflects his mistake.

The crime of this case appears to have been committed in a somewhat contingent manner while under the influence of alcohol, and the degree of assault against police officers is not serious.

However, the defendant, while walking the central line on the roadway, assaulted the police officer who meets it. This act is not only to obstruct the police officer's duty of maintaining order, but also to promote the light of the law and order and the public authority.

There has been 7 times of punishment for the same crime (4 times of punishment, 2 times of suspension of execution, and 1 times of fine), and in particular, it is highly likely to criticize again the crime of this case during the period of repeated crime due to the same crime.

In full view of all the sentencing conditions indicated in the instant case, including these circumstances, including the Defendant’s age, character and conduct, environment, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court, which sentenced the lower court’s sentence amounting to the lower limit of the recommended sentence [the obstruction of performance of official duties, Type 1, Type 1, and the aggravated area (one to four years)]

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.