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(영문) 광주지방법원 2016.10.20 2016노2285
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The following facts are favorable for the determination:

The defendant is against the defendant.

A victim does not want to punish the defendant by mutual consent with the victim of special assault.

In the first instance, 50,000 won was deposited for the damaged police officers for the crime of obstruction of performance of official duties.

On the other hand, the following is disadvantageous.

The Defendant had a record of criminal punishment for 14 times for fear of the same violent crime, and was sentenced to imprisonment for the same kind of crime, and completed the execution of the sentence, and then again committed the instant crime without being aware of the period of repeated crime even though it was a repeated crime.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, 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 since it is without merit. It is so decided as per Disposition.

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