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(영문) 의정부지방법원 2016.07.05 2016노1242
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects on the instant crime, and that there was an agreement with the victim G in the trial.

B. However, in full view of various circumstances that are favorable to the Defendant, such as the Defendant’s age, background, and circumstance after the crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, such as the Defendant’s age, background, and circumstance after the crime, etc., even if the lower court’s punishment is too unreasonable, considering the following circumstances. The crime is very good, the obstruction of the performance of official duties requires punishment as a crime that undermines the State’s function by nullifying justifiable exercise of public authority, and the Defendant committed the instant crime during the suspension period of execution of the same kind of crime, the Defendant did not agree with the police officer who suffered the injury, and did not recover damage.

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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