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(영문) 의정부지방법원 2016.09.01 2016노1427

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the defendant agreed with the victim D, deposited KRW 1 million for the victim G who is a police officer, and the defendant has a family member to support.

However, it is not good that the defendant, at the main point of the victim D, inflicted an injury upon the police officer who was called out after receiving a report on the disturbance, such as destroying property under the influence of alcohol, etc., and caused an injury to the police officer.

Crimes of obstruction of performance of official duties are crimes that require strict enforcement of law in order to establish legal order.

The defendant commits the crime of this case during the period of the suspension of the execution of imprisonment due to the obstruction of auction, and has the same kind of criminal records and criminal records, including criminal records.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.