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(영문) 서울남부지방법원 2016.02.16 2015노2018
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is against the Defendant; (b) the fact that the Defendant committed the instant crime by contingency; and (c) the degree of assault is minor; (b) the punishment sentenced by the lower court is too unreasonable (four months of imprisonment).

2. Taking into account the circumstances asserted by the Defendant, the sentence imposed by the lower court is appropriate, and it does not seem unfair as it is too unreasonable, considering various circumstances, such as the Defendant’s age, sexual conduct, intelligence, environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing specified in the instant case, including the fact that the Defendant was subject to criminal punishment for violent crimes, the fact that the Defendant committed the instant crime during the period of repeated crime due to murder attempts, the fact that there is no measure to recover damage, and the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime.

3. Accordingly, 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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