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(영문) 춘천지방법원 강릉지원 2015.08.13 2015노250

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) of the lower court is too unreasonable.

2. There are favorable circumstances, such as the fact that the accused acknowledges and reflects his/her own crime, and that there is no record of criminal punishment other than the sentence of a fine in 196.

However, in full view of the fact that the nature of the instant crime is bad for the Defendant to commit the instant crime, such as the Defendant’s scambling of the police officer who was in prison, and going beyond the floor, and the Defendant’s age, character and conduct, environment, motive, circumstances, means and consequence of the instant crime, etc., the lower court’s sentence of suspension of execution of imprisonment cannot be deemed unreasonable because it is excessively unreasonable for the lower court to have imposed a suspended sentence of imprisonment.

Therefore, the defendant's assertion 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.