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(영문) 서울중앙지방법원 2019.07.26 2018노3958
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court sentenced the Defendant to dismiss the prosecution regarding the obstruction of performance of official duties, and sentenced the Defendant guilty as to the obstruction of performance of official duties. Since only the Defendant appealed against the guilty part of the lower judgment, the dismissal of the public prosecution that the Defendant and the prosecutor did not appeal was separated

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

3. The judgment defendant recognized and reflected the crime.

There is no record of criminal punishment.

However, the crime of this case is an assault to a police officer dispatched after receiving a report of the assault, thereby obstructing the performance of official duties, and the responsibility for the crime of this case is not easy.

The judgment below

There is no change in circumstances that may be considered in sentencing thereafter.

In full view of other circumstances, which are the conditions for sentencing as shown in records and pleadings, the lower court’s sentence is too unreasonable.

Defendant’s assertion is without merit.

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

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