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(영문) 의정부지방법원 2014.12.11 2014노2424
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. The defendant appears to be against the crime of this case, the defendant agreed with the victim E and met the repair cost of the patrol police officer. However, the act of assaulting the police officer who executes public authority among the crime of this case affects the police officer's duty to protect the peace and safety of citizens, and the damage is eventually returned to the general public, so it is necessary to punish the defendant strictly. The defendant's criminal record of obstruction of performance of official duties has reached three times, and the defendant has reached three times, one of which is the criminal record before suspension of execution, and the defendant again commits the crime of this case during the suspension of execution, despite the fact that he was sentenced to a fine by the appellate court even though he was sentenced to the same crime during the suspension of execution period, and in light of all the sentencing conditions stated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., it cannot be deemed that the sentence of the court below against the defendant is too unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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