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(영문) 서울중앙지방법원 2017.11.16 2017노3157
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year and six months of imprisonment) is too unreasonable.

Judgment

Defendant assaulted a police officer twice to interfere with the performance of official duties, and assaulted a person working in the office of the Gu office, or boomed a person working in the office of the Gu office, and interfered with his duties.

In the case where the defendant filed a complaint against the police on June 23, 2015 on the ground that the police officer was the suspect of the assault case at the time of assault, etc., the defendant was punished for a fine due to the Punishment of Minor Offenses Act, etc. on March 22, 2016 on the ground that the defendant agreed on the police officer on March 22, 2016 (the trial record 54 pages), and the police station was found for the purpose of this paragraph.

There are extenuating circumstances, such as the defendant led to a confession of crime, the defendant has grown in an unsound environment, and the defendant has visual disability.

① However, there was a record that the Defendant was punished by imprisonment or a fine for the same kind of crime or violent crime, ② the Defendant committed the crime of assault, obstruction of duties, interference with the execution of official duties on June 14, 2017 while being tried by the lower court on May 11, 2017 (2017 order order order 3406 case) while being tried by the lower court on June 14, 2017; ③ the Defendant repeatedly repeatedly commits assault, etc. while being detained.

In full view of all the conditions of sentencing, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is determined within the scope of the sentencing discretion pursuant to the sentencing guidelines (referring to June 6 months - January 6 of the recommended sentencing range), and it cannot be deemed unfair because it is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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