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(영문) 대전지방법원 2017.03.30 2017노288
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment below held that under favorable circumstances, the defendant was sentenced to two years of suspended execution on November 14, 201, and the above judgment became final and conclusive on November 6, 2014, on which the defendant was sentenced to two years of suspended execution of official duties at the Seoul Northern District Court, and was sentenced to two years of suspended execution on November 14, 201, and again committed the crime of this case without being aware of during the suspended execution period, that the defendant committed the crime of this case again without being aware of it, that the defendant supported the defendant by any contingency, that he supported him, that he supported him, that he was punished three times of the same crime (two times of fines, one time of suspended execution) by the same crime, that the defendant had been punished three times of the crime of this case by the same kind of crime, that he interfered with official duties to the police who performed official duties.

In full view of the fact that there was no agreement with the damaged police officer, that the damaged police officer was punished by the defendant, and that there was a lack of efforts of the defendant to recover damage by the damaged police officer, the defendant was sentenced to six months of imprisonment.

In addition to these sentencing conditions, comprehensively taking account of the following factors: (a) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the commission of the crime; and (b) whether there is no change in circumstances to assess differently the sentencing conditions of the lower court up to the trial process; and (c) the sentence conditions of the lower court cannot be deemed unfair because the sentence of the lower court is too unreasonable.

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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