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(영문) 의정부지방법원 2015.09.15 2015노1955
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant made confessions of the instant crime and is against the Defendant, and that he deposited KRW 1 million for the victim at the trial of the party, and that he should support his mother.

B. However, in order to establish the state’s legal order and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the Defendant assaulted the police officer called upon receiving 112 reports, which is not good in quality of the crime, the Defendant was sentenced to imprisonment with prison labor for six months on April 27, 2012 and a two-year suspension of execution on May 5, 2012, and the above judgment became final and conclusive on May 5, 2012. As such, the Defendant committed the instant crime since the period of suspension of execution has not expired, and there was a history of punishment several times for violent crimes, and other various circumstances that are the conditions for sentencing as set forth in the argument of the instant case, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., even if prior consideration of the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

C. 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 since it is without merit. It is so decided as per Disposition.

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