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(영문) 서울서부지방법원 2018.09.20 2018노876
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. The Defendant’s attitude of not re-offending the instant crime, such as taking time to commit the instant crime, remitting KRW 1 million to the victimized police officers, etc. In short, the degree of interference with official duties due to the instant crime is relatively excessive, and the Defendant suffers from mental illness, such as proof of alcohol alcohol and depression, should take into account the favorable circumstances.

On the other hand, however, the defendant has the same ability to punish, and even though he is a repeated offender, he is highly likely to be criticized in light of the same kind of crime.

In addition, in light of the sentencing guidelines set forth in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relation, circumstances leading to the crime, and result, the circumstances after the crime, etc., the sentencing judgment of the lower court, which decided to dismiss the above sentencing guidelines, has exceeded the reasonable bounds of discretion, by fully considering the reasons favorable to the Defendant, was exceeding the sentencing guidelines set by the Supreme Court.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

B. There is no change in the conditions of sentencing compared with the original judgment because there is no new data on sentencing at the trial of the original court.

Therefore, the defendant's argument of sentencing is not accepted, since the sentence of the court below is too excessive and it is not recognized that it is unfair.

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.

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