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(영문) 수원지방법원 2016.09.29 2016노1958
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant’s appellate brief (unfair sentencing) reflects the wrongness of the Defendant; (b) the Defendant raises his children on his care; and (c) it is difficult to implement the community service order as it is in the defense industry; (c) the Defendant is serving in the defense industry; and (d) the lower court’s sentence, which sentenced two years of suspended execution, one year of protection observation; and (d) 80 hours of community service order

2. In full view of the following circumstances, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime committed by the Defendant, the fact that the Defendant’s crime of interfering with the execution of official duties of this case is not good, the Defendant’s history of criminal punishment can be considered, and there is no special change in circumstances that may be considered in sentencing in the trial at the time of the Defendant’s sentencing, and in full view of all the conditions of sentencing as indicated in the records and pleadings, even if considering the circumstances alleged in the grounds of appeal, the lower court’s sentence is without merit and it is not deemed unfair, so

3. The appeal by the defendant 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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