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(영문) 의정부지방법원 2012.12.28 2012노2266
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Although the defendant recognized the facts charged in this case, the defendant could have been punished for the same kind of crime, the defendant committed the crime in this case even though he was a repeated crime due to the same kind of crime, and the act of assaulting a police officer due to lawful performance of official duties constitutes a serious crime in itself and thus requires strict punishment. In full view of all the circumstances, such as the defendant's age, character and conduct, family relation, environment, occupation, circumstance and contents leading to the crime in this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus, 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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