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(영문) 인천지방법원 2018.05.10 2018노863
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and agreed with the victim of property damage at the investigation stage.

However, the defendant not only has a number of criminal punishment, but also has been sentenced to a suspended sentence due to a violation of the Act (fluences, etc.) in 2016, and the defendant is currently under the suspended sentence, and the defendant has been sentenced to a fine of 8 million won in 2017 due to the damage of property and public goods (damage to the police district entrance) committed during the suspended sentence as well as the main case, and currently is under the trial of the resistance. According to the records of the defendant's criminal act, according to the records of the defendant's criminal act, the defendant's legitimate exercise of public authority seems to have committed a sexual act that emphasizes the public authority. Thus, the crime against the police officer's legitimate exercise of public authority is directly connected to the lives and safety of citizens, and it is necessary to punish strictly. In full view of all the sentencing conditions of the defendant's age and environment, motive, means and result of the crime, and the circumstances after the crime, it cannot be deemed unfair because

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).

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