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(영문) 서울중앙지방법원 2018.01.18 2017노3327

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in October) is too unreasonable.

Judgment

Each of the crimes of this case committed by the defendant interfere with the legitimate performance of official duties of police officers, interfere with the performance of official duties again while being tried for a crime that has damaged public documents, and caused the injury to police officers, and the nature of the crime is not good, and there is no agreement with the victim, and there is a history of punishment for the same crime, etc., which are disadvantageous to the defendant.

However, the fact that the defendant recognized each of the crimes of this case, committed the crime in a state of weak mental and physical disorder due to early illness (a copy of the document submitted on December 14, 2017), the fact that the defendant did not have any past record of suspended execution or higher, and that the family members of the defendant committed recidivism is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.