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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.09.18 2015노3889
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following can be considered as a normal situation favorable to sentencing: (a) the Defendant recognized the commission of a crime; (b) the fact that the Defendant deposited money for the victimized police officers for the first time in the trial; and (c) supporting his family members, etc.

However, the nature of the crime is not good for the defendant to exercise the direct force against the police officer, and the crime of obstruction of performance of official duties is serious because it is a violation of legitimate public authority. The defendant has already committed the crime of obstruction of performance of official duties twice and has already been convicted of being sentenced to suspension of execution of imprisonment, respectively. This case is a crime committed again during suspension of execution due to the crime of obstruction of performance of official duties, etc. The defendant has multiple criminal records of violence, and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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