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(영문) 서울북부지방법원 2018.12.07 2018노1640
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.

2. The defendant's grounds for appeal are recognized to have committed a crime up to the trial of the court, and his mistake is divided.

On the other hand, prior to each of the crimes of this case, the defendant has been sentenced to a fine and imprisonment several times for the crime of violence, and each of the crimes of this case is committed within the period of repeated crime of the same kind.

In particular, under the influence of alcohol, the Defendant had committed crimes that interfered with police officers' performance of official duties against F and G by committing crimes that interfered with police officers' duties.

The crime of obstructing the performance of official duties is not only against the uniform police officers in charge of the public security, but also the degree of violence is relatively heavy.

Meanwhile, with respect to the crime of violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, the Defendant had the record of having been sentenced to the suspension of indictment and a fine of KRW 1 million for the same kind of crime on November 2017 and March 2018, immediately before the crime was committed, even though the Defendant had been sentenced to a fine of KRW 1 million.

In addition, in full view of various circumstances that form the conditions for the pleadings and the sentencing on the records of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, the above sentence imposed by the lower court is too unreasonable.

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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