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(영문) 의정부지방법원 2016.04.14 2016노436

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the degree of assault against the victim F is minor, the damage to the crime of extortion appears to have been returned to the victim, and the defendant has a family member to support.

However, even if the defendant commits an act subject to punishment for a concurrent crime, it is not good to obstruct the performance of official duties by taking a bath and assault against the police officer who executes the control duty.

The defendant committed the same kind of crime during the period of repeated crime due to the previous conviction in the judgment of the court below, and there are many criminal offenses punished due to violent crimes such as the violation of the Punishment of Violences, etc. Act, the attempted crime, and the crime of injury.

The defendant was unable to reach an agreement with the victim to take part in the trial.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.