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(영문) 광주지방법원 2017.03.22 2016노5118

특수공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment defendant repents his mistake.

However, the crime of this case is committed in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., that the court below's punishment is too unreasonable, since it is not acknowledged that the defendant's punishment is too unreasonable, and the defendant's above assertion is not reasonable, since the defendant's above assertion is not justified.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is evident that “1. Aggravation of concurrent crimes” was omitted in the following items of “1. Aggravation of concurrent crimes” in the application of the law of the judgment below, the judgment of the court below is added pursuant to Article 25(1) of the Rules on Criminal Procedure.