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(영문) 서울중앙지방법원 2018.10.11 2018노2291

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court is too unreasonable as the sentence (4 months of imprisonment) against the Defendant is too unreasonable (the Defendant withdrawn his/her claim of mental and physical loss or mental weakness during the grounds for appeal on the first trial date of the first trial of the first trial of the lower court). 2. Determination on the grounds that the Defendant recognized all the facts of the offense, and is divided, and that there is no damage such as actual loss of police officers due to the instant crime, etc., in favor of the Defendant.

However, in full view of the following circumstances: (a) the Defendant was punished as an act of violence in the past; (b) more than six months of imprisonment with prison labor for interference with business affairs on November 25, 2015; and (c) the Defendant committed the instant crime during the period of suspension of execution after being sentenced to a judgment of six months of suspension of execution; (b) the degree of assault by the Defendant at the time of committing the instant crime is not less than that of the Defendant; and (c) other circumstances, such as the Defendant’s age, sex, environment, circumstances and consequence of the crime; and (d) the circumstances after committing the crime, which are the conditions for sentencing as shown in the instant records

Therefore, the defendant's above assertion 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.