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(영문) 서울중앙지방법원 2013.04.11 2013노517
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. We examine the reasoning for appeal. There are no extenuating circumstances such as the following: (a) the Defendant appears to have committed a crime; (b) the Defendant was in an economically difficult condition; and (c) the Defendant was in a position to support his parents, who were sick; and (d) there was no past record of having been punished as a sentence before the instant case.

However, on the other hand, the crime of obstruction of performance of official duties in this case was committed by a police officer who was dispatched after being reported with a restaurant employee, etc. without calculating the drinking value at a restaurant, and was reported as a vision with a restaurant employee, and the nature of the crime is not somewhat weak. ② Nevertheless, the defendant committed so-called a so-called intangible crime that the defendant had been provided with drinking and drinking, etc. by entering the main place without intent and ability to pay the price. ③ The defendant has already been punished six times or more due to a similar crime, ④ there is no agreement with the victim, and ④ there is no agreement with the victim, and ⑤ there is no special circumstance or change of circumstances that may be newly considered in sentencing after the decision of the court below was made, and comprehensively considering other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the defendant's assertion that the sentencing of the court below is too unreasonable and it is not reasonable.

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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