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(영문) 의정부지방법원 2015.04.10 2015노486

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to the confession of the facts constituting the crime of this case and stated that the mistake is deeply divided, that it is a contingent crime under the influence of alcohol, that the police officer who is the victim actively desires the defendant's wife, and that the degree of violence used by the defendant is relatively heavy, etc. are recognized as favorable circumstances to the defendant.

However, in light of the fact that the defendant has a majority of the records of criminal punishment, and there is a high possibility of criticism by putting the crime of this case during the repeated crime period due to the same kind of crime, etc., and the court below seems to have sentenced to a minor punishment than the lowest limit of the sentencing guidelines set by the sentencing guidelines, taking full account of the various circumstances of the defendant, and there is no special change in circumstances that the court below and the punishment are different in the trial, and other circumstances, such as the defendant's age, occupation, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime of this case, family relation, circumstances after the crime, health conditions, and criminal record relation, etc., the punishment imposed by the court below on the defendant, which is unfair because it is not recognized that the

3. In conclusion, 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. It is so decided as per Disposition.