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(영문) 인천지방법원 2014.09.26 2014노2554

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The degree of injury to the victim G is minor, the defendant agreed with the above victim, the defendant deposited a certain amount of money to police officers (each of 200,000 won), and the defendant shows an attitude against his fault.

However, in full view of the following circumstances: (a) the Defendant was under the period of probation, for minor reasons, injured the Victim G; (b) the two police officers in the future are assaulted to interfere with the performance of official duties; and (c) there is a great possibility of criticism by other police officers; (b) the Defendant had been punished for violent crimes three times prior to that time; (c) there is no special change in circumstances that could change the sentence of the lower court in the trial; and (d) other circumstances that form the conditions for the sentencing of the instant case, such as the motive, background, means and consequence of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age, character and conduct, environment, and family relationship, the sentence imposed by the lower court is appropriate and unreasonable.

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 ground that it is without merit. It is so decided as per Disposition.

(However, the facts constituting the crime of the lower judgment are clear that each “D” of the subparagraphs 3, 2, 3, and 2 of paragraphs (1) and (3) of the same Article is a clerical error of “G”, and the second J in the summary of the evidence is clear that the error was made, and thus, it is clear that the second J in the summary of the evidence was corrected ex officio in accordance with Article 25