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(영문) 의정부지방법원 2017.05.11 2017노322
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and four months of imprisonment, confiscation and collection) on the defendant is too unreasonable.

2. On the day following the day on which the Defendant committed a narcotics crime, the circumstance is recognized that the J slope, the other party to the crime of obstructing the performance of official duties, wants the Defendant’s wife.

On the other hand, the Defendant again committed the instant narcotics crime during the period of repeated crime due to the same narcotics crime, five times due to the violent crime, and two times due to the narcotics crime.

Despite the absence of such fact, the Defendant was against the police.

Dr. Ruslera:

It shall be put to an emergency room.

The circumstances after committing the crime are not good, such as “Abreging a riot while being in prison and violating the regulations by wreging with other prisoners while in prison.”

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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