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(영문) 의정부지방법원 2016.04.26 2016노64
위계공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the Defendant was sentenced to imprisonment with prison labor for two years in consideration of the sentencing factors in the instant case No. 2015No. 884 of this Court.

B. However, in full view of the following circumstances: (a) in order for the Defendant to conceal the administration of narcotics, the Defendant interfered with the performance of official duties by means of using the wife and water to change the base, and thus, the quality of the crime is very good; (b) the Defendant committed the instant crime during the period of repeated crimes; (c) the lower court determined the sentence in consideration of the Defendant’s sentence of two years of imprisonment; and (d) the Defendant’s age, criminal background, and circumstances after the commission of the instant crime, etc., the sentence of the lower court is too unreasonable even if considering the favorable circumstances of the Defendant, which are the conditions for sentencing specified in the argument of the instant case, such as

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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