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(영문) 의정부지방법원 2015.10.13 2015노2086
공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants (the defendant A: imprisonment of August, the defendant B: 3,000,000 won) is too unreasonable.

2. Determination

A. Defendant A recognized the instant crime and divided the mistake, and the circumstances favorable to Defendant A, such as having a child to support.

However, the crime of this case by Defendant A was committed by the above Defendant while driving under influence of alcohol and by finding a police station district unit, and the nature of the crime is not easy.

In addition, considering the fact that Defendant A was punished several times as a result of the crime of drunk driving and violence, and that Defendant A committed the crime of this case repeatedly even though he/she had been under suspension of execution due to violent crimes, and other factors of sentencing as shown in the arguments and records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, Defendant A’s above assertion is without merit.

B. Defendant B made a confession of the instant crime and reflects the mistake, and there is no criminal record against Defendant B, etc., there are favorable circumstances such as that Defendant B made a confession of the instant crime.

However, Defendant B’s crime of this case prevents police officers from performing their duties in order to prevent Defendant A’s arrest in the act of committing an offense, and in light of the age, character and conduct, environment, motive, means and consequence of the act of this case, and all of the sentencing conditions indicated in the present arguments and records, such as the circumstances after the act of this case, it cannot be deemed that the sentence of the lower court is too unreasonable.

Therefore, Defendant B’s above assertion is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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