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(영문) 수원지방법원 2015.10.23 2015노3868
위계공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the community service order of two years of suspended execution and one hundred and twenty hours of imprisonment for eight months) is too unreasonable.

2. It is true that there is a favorable condition for sentencing to the defendant, such as the fact that the defendant recognized the crime of this case and there is no record of punishment for the same kind of crime.

However, in full view of the fact that the defendant has already been punished for committing a crime that damages public goods, and that the nature of the crime is very poor because of the degree of performing duties by the police officer who has been interfered with by filing a false report on more than two occasions, and other various circumstances, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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