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(영문) 서울북부지방법원 2017.04.25 2017노160

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unreasonable.

2. The Defendant acknowledges all of the instant crimes and reflects his mistake, and the victim does not want the punishment of the Defendant.

No defendant has been punished by a suspended sentence or heavier.

However, the crime of this case is committed against the victim, even though the victim discovered the defendant who avoided tobacco in a non-smoking area and demands him/her to produce his/her identification card properly.

In addition, considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.