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(영문) 의정부지방법원 2016.07.14 2016노1046

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the defendant's health status is not good and that he/she has a family member to support.

However, the crime interfering with the execution of official duties is a criminal who needs strict enforcement to establish a legal order, and the defendant is again committing the crime of this case during the period of repeated crime due to the same kind of crime and requires a corresponding punishment.

The defendant has been punished seven times due to the obstruction of the performance of official duties, and is sentenced to the punishment six times among them.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's 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.