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(영문) 서울남부지방법원 2018.01.15 2017노2549
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is against the Defendant’s depth; (b) the instant crime was committed by force by force; (c) the occurrence of contingent actions is finalized; (d) the suspension of execution becomes effective; and (e) the Defendant is living very difficult to economically and economically due to the age of 75 years; and (e) the sentence imposed by the lower court is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, the defendant committed the crime of this case without being aware of the person who was punished by a fine, during the period of probation of the crime of special injury.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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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