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(영문) 인천지방법원 2018.06.21 2018노1225

특수공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of the court below is against the defendant's recognition of the crime of this case. However, this case is against the defendant's act of violence without being subject to the nurse in the emergency room of a hospital, police officer, taxi engineer, and friendly ties. In the process of this case, the nature of the crime is very poor by using a knife, stone with a tool for the crime, the types used by the defendant in various crimes of this case are not less weak, the victims are not completely agreed with, there are many criminal charges such as interference with the performance of official duties, injury, interference with duties, etc. The crime of this case is also repeated during the period of repeated crime due to interference with the performance of official duties, and the criminal records of the defendant are considered to have a personality and behavior of violence. This is because it is directly connected with the life and safety of the general public, and it is necessary to punish the defendant strictly, and it is not too unfair to sentence the defendant by taking into account all the conditions of the defendant's age and environment, motive, means and result of the crime, after the crime, circumstances after the judgment of the court below.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).