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(영문) 서울남부지방법원 2012.11.23 2012노1518
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

In full view of various sentencing conditions shown in the records and arguments of this case, including the fact that the defendant has been punished several times for the same crime, and that the police officers are knifeing the knife and obstructing the performance of official duties, etc., as well as the age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., the court below's punishment (one year and four months of imprisonment) is too unreasonable, and thus, it is difficult to dismiss the defendant's appeal (two years and four months of imprisonment) pursuant to Article 364 (4) of the Criminal Procedure Act.

However, since the application of the third statute of the judgment of the court below was omitted between the crimes of obstruction of performance of official duties under Articles 40 and 50 of the Criminal Procedure Act on January 5, 2001, it is corrected to add it ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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