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(영문) 서울중앙지방법원 2014.07.10 2014노1806
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of suspended execution in six months of imprisonment, and eight hours of community service) is too unreasonable.

2. Determination on the grounds for appeal is a relatively minor circumstance that the Defendant’s assault against police officers is relatively minor, and that the Defendant is leading to marriage and is pregnant by a matrimonial engagement.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the sentence of the lower judgment, which are the conditions for sentencing specified in the arguments and records of the instant case, the Defendant committed the instant crime even during the period of suspension of execution due to intimidation, and the lower court committed the instant crime, taking into account the aforementioned circumstances favorable to the Defendant, and there is no special change in circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered, the lower court rejected the Defendant’s assertion on the grounds that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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