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(영문) 서울북부지방법원 2015.09.17 2015노1177
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below states that even though the defendant was found to have committed each of the crimes in this case under the influence of alcohol, it appears that the defendant committed each of the crimes in this case by mistake, and that the degree of violence committed by police officers was not serious. The amount obtained by deceit through the crime in this case is relatively small. The court below decided that the above victim was not punished for the crime in this case by agreement with the victim H of the crime in fraud and obstruction of business. However, the defendant already had the record of having been sentenced to imprisonment with prison labor, suspension of execution of imprisonment and fine for the same kind of crime in this case, for several times, and the term of eight months after the completion of the execution of imprisonment with prison labor due to obstruction of performance of duties, etc., a repeated crime in this case "2013Hun-Ba2219" was committed with obstruction of performance of official duties before and after the crime in this case, and there is no need for the court below to punish the defendant by taking into account the circumstances of each of the crimes in this case, and there are no other circumstances that the defendant's mental and physical necessity of the defendant.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, the facts constituting the crime of the lower judgment [of the criminal records, January 20, 2013] are erroneous statements in the judgment below.”

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