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(영문) 의정부지방법원 2013.08.29 2013노1523

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is justified, taking into account the following factors: the defendant's age, character and conduct, occupation and environment, background and result of the crime, etc., as well as various sentencing factors indicated in the instant case such as the defendant's age, character and behavior, occupation and environment, circumstance and consequence of the crime, circumstance after the crime, etc., comprehensively taking account of the following factors: the defendant's use of violence against many police officers; the defendant was sentenced six times as a crime of the same kind of crime or received a protective disposition on six occasions; the defendant again committed the instant crime without being sentenced to a suspended sentence for six months due to the crime of damaging public goods; the defendant's drinking habits and history of the crime; it is highly probable that the crime was committed again; and the punishment of the court below is unreasonable.

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