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(영문) 서울서부지방법원 2019.08.29 2019노672
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The defendant's attitude to recognize and reflect the crime of this case is favorable to the defendant.

However, the Defendant took a bath to the police officer who was dispatched to handle the reporting duties due to the assault case, and used buckbucks with bucks, and used tangible force, such as selling bucks and bucks, which interfere with the establishment of legal order, and prejudices the authority of the public authority. In addition, the Defendant committed the instant crime on November 13, 2015, in addition to the previous conviction in the lower judgment, the Defendant committed the instant crime. In addition to the previous conviction in the lower judgment, the Defendant committed the obstruction of performance of official duties on November 13, 2015, a fine of three million won for fraud, a assault by deceiving a taxi engineer on July 12, 2017, a assault with a charge, a one-year period of suspension of the execution of four months imprisonment for a criminal act, and a bucking and bucking against the police officer after the arrest of the flagrant offender after committing the instant crime, which was disadvantageous to the Defendant.

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

The defendant deposited KRW 300,00 for the police officer who suffered damage in the court room, but the crime of obstruction of performance of official duties is a national legal interest.

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