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(영문) 의정부지방법원 2016.10.25 2016노2363
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of various circumstances that are favorable to the defendant, such as the defendant's age, circumstances leading up to the crime, etc., the court below's punishment is too unreasonable even if considering the above circumstances favorable to the defendant, such as the defendant's age, circumstances leading up to the crime, and circumstances after the crime, etc., even though the court below's punishment is too unreasonable, in light of the following: (a) the defendant's use of violence or the desire to commit the crime is not good; (b) four times the criminal records of violence have been punished for obstruction of performance of official duties; and (c) the criminal records have been committed during the repeated crime due to the crime of violating the Punishment of Violences, etc. Act (collectively weapons, etc.).

Therefore, the defendant's above assertion is without merit.

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

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