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(영문) 의정부지방법원 2017.09.28 2017노1970
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, that the degree of assault against the police officer of the defendant is not much serious, and that there is a family member to support the defendant (a parent and a child).

However, the crime of this case was committed during the period of repeated crime due to the crime of different species.

The defendant has been guilty of not less than 15 times due to violent crimes, and the two times prior convictions are due to interference with the execution of official duties.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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