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(영문) 인천지방법원 2016.03.25 2016노389
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges his mistake and reflects, each of the crimes in this case is a threat after the defendant interfered with the performance of official duties by using violence against police officers without any particular reason, carried a dangerous object, and destroying a door of residence, etc., which is a dangerous object against a person living together, the crime is considerably poor in light of the method of crime, danger, and no effort is made to recover damage. Nevertheless, there is a history of criminal punishment for violent crimes several times, each of the crimes in this case has been committed several times, and the defendant's age, sex, environment, motive and background of crime, place of crime, relationship with the victim, circumstances after crime, etc., and all of the sentencing factors presented in the arguments in this case, such as the defendant's age, sex, environment, crime, motive and circumstance of crime, victim, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. Accordingly, 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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