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(영문) 서울동부지방법원 2016.11.25 2016노889

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (two months of imprisonment, two years of suspended execution, and 80 hours of community service order) imposed by the court below is too unreasonable.

2. In light of the circumstances leading up to the Defendant’s occurrence of the instant crime, and the fact that the health is not good, etc., the sentence imposed by the lower court is not heavy even if considering the above favorable sentencing data, in view of the following factors: (a) although the Defendant was punished for violent crimes, the number of times exceeds 25 times; (b) the Defendant had the record of being punished for a fine of KRW 3 million as an obstruction of performance of official duties; and (c) the nature and criminality of the instant crime in light of the substance and consequence of the instant crime; and (d) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is not heavy.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.