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(영문) 인천지방법원 2017.07.13 2017노1950
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflected, and that the crime of this case was committed in a state of drunken.

However, the crime of this case assaults victims E who do not have awareness of the defendant, and assaults or threatens a police officer in the office of criminal watch of the Incheon Southern Police Station, which was waiting after being arrested as a current offender, and the obstruction of the performance of official duties requires strict punishment for the establishment of governmental authority and the protection of legal order, and the victim and the victim police officer did not recover damage to the victim and the victim police officer. Furthermore, the defendant had been punished 25 times due to violent crimes and went back to the crime of this case during the period of repeated crime due to the same kind of crime. In full view of all the circumstances such as the defendant's age, sex, motive, means and consequence of the crime of this case, the sentence of punishment is inevitable, and other various circumstances that form the conditions for sentencing, such as the defendant's age, sexual behavior, motive, means and consequence of the crime of this case, etc., it cannot be deemed unfair because the sentence of the court below

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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