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(영문) 서울북부지방법원 2019.01.25 2018노1881

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant is the confession of the crime of this case, and the defendant is old and the visually disabled are favorable circumstances.

However, the Defendant committed the instant crime on October 23, 2015, since he was sentenced to a suspended sentence for the same crime on the same crime, committed a second-class crime during the suspended sentence period, and thus the suspended sentence was invalidated, and the instant crime was committed on the grounds that the suspended sentence was not completed due to the invalidation of the suspended sentence.

Furthermore, the defendant has been punished several times for violent crimes, including the record of punishment for the same kind of crime.

In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence of the offense, and all the conditions of sentencing as shown in the instant records and arguments, there is no circumstance that the lower court’s sentencing judgment on the Defendant is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing judgment on the Defendant as it exceeds the reasonable bounds of discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.