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(영문) 서울남부지방법원 2015.09.11 2015노1051

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is against the Defendant; (b) the fact that the Defendant committed the instant crime by contingency while under the influence of alcohol; and (c) the circumstances in which the Defendant’s wife is waiting for giving birth, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) considering that the police officer in charge of the performance of official duties in the instant case submitted a written application to the Defendant’s wife at the time of the Defendant’s assertion and the trial court, the Defendant’s past 20 times of criminal punishment, and among them, the past records of criminal punishment are included in five times or more; (b) the Defendant committed the instant crime during the period of a repeated crime of the same kind; and (c) other various circumstances, including the Defendant’s age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is appropriate, and it cannot be deemed unfair because it is excessively unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.