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(영문) 의정부지방법원 2016.08.23 2016노1373
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the lecture attendance order for violent therapy).

2. It is recognized that the judgment of the defendant led to the confession of the crime of this case and reflects the fact.

However, in full view of the following circumstances: (a) the Defendant committed a crime of assaulting police officers who perform official duties; (b) interference with the performance of official duties requires strict punishment as a crime prejudicial to the State’s function by nullifying the legitimate exercise of public authority; (c) the Defendant has been punished three times; (d) there is no special change in circumstances after the judgment of the lower court was rendered; and (e) there is no other change in circumstances after the Defendant’s age, details of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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