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(영문) 전주지방법원 2014.01.10 2013노1241
위계공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as a favorable circumstance such as the fact that the defendant recognized all of the crimes of this case and divided in depth, and the degree of injury suffered by the victim is relatively minor.

However, the crime of this case was committed ten times more than 10 times by filing a false report to the 112 Reporting Center, obstructing the performance of official duties by the defendant, strokely assaulted the victim's stroke, insulting the police officers dispatched, and thus the nature and circumstances of the crime are not good. The defendant has been punished twice for the same crime (two times of punishment, suspended execution, four times of suspended execution, and 14 times of fine). In particular, on December 17, 2008, the defendant was sentenced to the punishment of violation of the Punishment of Violence, etc. Act (in violation of the Act on Punishment of Violence, etc. on 1 and six months of punishment on 201, and again committed the same crime during the period of repeated crime, and the defendant did not take any measures to recover from damage until the trial of the court of first instance, and the defendant's age, character and behavior, motive, means and result of the crime, and the defendant's assertion that the punishment of this case is unfair after considering the records of the crime of this case.

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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