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(영문) 서울북부지방법원 2013.07.24 2013노695

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is based on the following circumstances: (a) the defendant made a confession of the crime of this case, and the defendant made an agreement with the victim F, who is a taxi engineer, was favorable to the defendant; (b) the crime of this case is administered twice again at the time when the period of postponement expires since the defendant was suspended from the execution of the sentence due to the administration of X-ray, etc.; (c) the defendant used assaulting a taxi engineer and inflicted bodily injury without any special reason; and (d) interfered with the legitimate performance of official duties by using violence against the police officer who prevents the police officer from performing official duties, and at the same time interfered with the performance of official duties by asking the body of the victim, who is a police officer in the process of carrying out official duties after the arrest of a flagrant offender; and (d) the victim F, who is a taxi engineer, did not reach an agreement with some victims; and (d) the defendant's motive for the crime of this case, the defendant's age, character and conduct, family relationship, circumstances after the crime, etc. are not justified.

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.