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(영문) 의정부지방법원 2015.06.19 2015노968
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. We examine the judgment, and find favorable circumstances such as the Defendant’s confession of the crime of this case and statement that the Defendant reflects the Defendant’s mistake in depth, and the Defendant’s assault that the police officer did not have any special injury.

However, in light of the content, method, and result of the crime of this case, the crime of this case committed by the defendant is not less than the nature of the crime; the defendant has been punished several times as violent crime; the defendant has been sentenced to six months as well as the criminal records of the same kind of crime and committed repeatedly during the period of repeated crime, which is not less than three months from the completion of its execution; in light of the defendant's violent tendency, it is highly likely to repeat the crime of this case; considering the defendant's violent tendency, the court below found that the defendant was sentenced to imprisonment of one year, which is the lowest sentence of sentencing (Obstruction of the performance of official duties, Types 1, aggravated area, imprisonment with prison labor) according to the sentencing guidelines, and there is no special change in circumstances that would change the sentence of this case, and there is no other reason to change the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, family relation, health condition, etc., the court below's assertion that the defendant's punishment of this case is inappropriate and unreasonable.

3. 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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