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(영문) 수원지방법원 2013.08.29 2013노3302
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s judgment was erroneous when it comes to the trial; and (b) the degree of damage to the police officer who suffered from the instant assault was not much serious.

However, even though the Defendant was unable to drive a scam on the day of the instant case, even though he was unable to drive a scam by a police officer, it is not good that the Defendant saw the main points of the instant case while drinking the drinking, and scambling the scam, and brought an assault to the police officer again called upon receiving the report, and used the scambling. The Defendant has a record of having been punished several times as an act of violence, including the same crime, and, in particular, the Defendant committed the instant crime without a serious reflective nature despite the suspended execution period. The lower court appears to have determined the punishment by fully considering the fact that the suspended execution is invalidated when the Defendant is sentenced, and considering all the sentencing conditions such as the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and behavior, etc., it cannot be deemed unfair that the Defendant’s sentence imposed by the lower court is too unreasonable.

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

(However, in accordance with Article 25 of the Rules on Criminal Procedure, the term "the hives" in Chapter 8 among the facts constituting the crime of the judgment of the court below shall be corrected to "the hives".

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