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(영문) 의정부지방법원 2016.09.08 2016노1554
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. It is recognized that the defendant made an agreement with the victim E and M, and deposited KRW 700,000 for the victim K which is the police in the trial.

However, it is not good that the defendant cultivated marijuana directly for a long time, and inflicted an injury on the police officer who was called out after being reported with the restaurant's owner and the restaurant's owner under the influence of smoking and the act of destroying the restaurant's articles in operation under the influence of alcohol.

In order to establish the legal order, the obstruction of performance of official duties needs to be punished strictly.

Defendant has been guilty of several times of violence.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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