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(영문) 의정부지방법원 2016.07.14 2016노995

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment police officer D expressed his/her intention not to punish the Defendant, and the extent of assault committed by the Defendant D is relatively minor.

However, a crime interfering with the execution of official duties is a criminal who requires strict enforcement of law in order to establish a legal order, and the defendant is again committing the crime of this case during the suspension period of execution due to the same kind of crime and requires a corresponding punishment.

Defendant has several criminal records of violence.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.