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(영문) 인천지방법원 2014.12.26 2014노3854

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. On June 1, 2012, the Defendant, while taking a bath for a police officer called up after receiving 112 reports, committed the instant crime that has been committed several times of violence by booming the chest part by hand or committing his hair. In light of the background and contents leading to the instant crime, and the method of committing the crime, etc., the Defendant had a record of criminal punishment of fines twice due to the offense of insult against a police officer. In particular, the Defendant was sentenced to two years of imprisonment with prison labor for the offense of robbery at Seoul High Court on June 1, 2012, and was released from prison, and repeated the instant crime during the period of repeated offense, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the crime, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair because its punishment is too unreasonable.

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