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(영문) 서울남부지방법원 2015.11.20 2014노2152
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant, like the time of original judgment, did not have a bucked with the victim E, and the Defendant did not flick the breath at police officers G while booming him.

B. In light of the circumstances, such as the fact that the defendant is against unreasonable sentencing and is in an economically weak position as a basic livelihood recipient, the punishment of fine of KRW 2 million imposed by the court below is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, in particular, the confession in the court below's original judgment, E preparation, and the protocol of police statement about G, all criminal facts are recognized during original judgment. Thus, this part of the defendant's assertion is without merit.

B. In light of the various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and it does not seem to be unreasonable because it is excessively unreasonable, in light of the following: the Defendant’s history of punishment 26 times, which includes a number of records of punishment as an act of violence that could be the same as the instant case; and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and the circumstances after the crime.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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