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(영문) 서울중앙지방법원 2016.10.13 2016노2912

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unreasonable.

2. The degree of assault against the judgment police does not depend on the degree of assault against the police, and the attitude of recognizing and opposing his/her mistake seems to be favorable.

However, in full view of the following facts: (a) the nature of the crime of using violence against the police in the course of performing duties; (b) there is a significant number of criminal records of fines or suspended execution; and (c) the motive, means and result leading to the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) character and conduct; and (e) all other circumstances showing the conditions of sentencing as shown in the oral argument, including records and arguments, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

3. Therefore, 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. It is so decided as per Disposition