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(영문) 서울서부지방법원 2016.04.07 2016노21

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Although the defendant confessions and reflects the judgment, the sentence of the court below is appropriate in full view of the following: (a) the defendant has already been multiple criminal records; (b) the crime of this case was committed during the repeated crime period; and (c) the circumstances leading to the defendant to commit the crime and all of the sentencing conditions in the arguments and records, such as the circumstances after the crime.

The defendant's argument of sentencing is without merit.

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. It is so decided as per Disposition.