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(영문) 서울남부지방법원 2016.04.29 2015노1378

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. Although the Defendant was found to have committed each of the instant crimes in the first instance trial, the Defendant did not appear to be against the view that he continued to deny his criminal act from the day immediately after the crime was committed to the lower court and transferred his responsibility to the police officer in charge, the Defendant had a total of three times criminal punishment, including the same kind of criminal records and one time as an obstruction in the performance of official duties, and the obstruction of the performance of official duties requires strict punishment to establish public authority and legal order, and the Defendant’s age, sex, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other various sentencing conditions indicated in the instant case, such as the following circumstances, do not seem to be unfair as the sentence imposed by the lower court was too excessive.

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.