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(영문) 의정부지방법원 2014.11.21 2014노2197
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination is a favorable reason for sentencing, for the following reasons: (a) the Defendant led to the confession of the instant crime; and (b) the Defendant’s assault cannot be deemed significantly significant.

However, the Defendant had been sentenced to criminal punishment for the same kind of crime, etc. in the past, and around July 2014, the Defendant was sentenced to a suspended sentence for the obstruction of performance of official duties against fire officers. In full view of all other circumstances, considering the Defendant’s age, character and conduct, environment, occupation, circumstance and details leading to the instant crime, and circumstances leading up to the instant crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is excessively unreasonable.

Therefore, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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