beta
(영문) 의정부지방법원 2017.01.26 2016노3208

특수공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (10 months of imprisonment, confiscation) is too unreasonable.

Judgment

It is recognized that there is no history of punishment exceeding a fine, and that the court below restored the public goods of this case to its original state.

However, the Defendant entered a police box that protects the body of the captain, and brought a threat to the police officer with a lethal weapon, and destroyed the police officer with a police box even after the arrest. In light of the method and risk of the crime, the nature of the crime is very poor.

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, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the lower court cannot be deemed to have excessively exceeded the lower limit of the above recommended sentence scope and thus unfair.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.