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(영문) 의정부지방법원 2017.10.19 2017노2120
모욕등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In the judgment of the court below, each of the victims deposited KRW 500,000 for the victims, and in the trial of the party, the victim F of the insult expressed his intention not to punish the defendant and the other police officer H expressed his desire not to punish the defendant, and it is recognized that the other police officer H of the crime of interference with the performance of official duties wanted the defendant

However, the defendant needs to refrain from obstructing the re-execution of official duties during the suspension period due to the obstruction of the execution of official duties, and insult the police officers in the process of performing official duties.

The Defendant was punished by imprisonment with labor for one year due to a crime of causing injury to the performance of special duties in 2009, and was punished by a suspended sentence of imprisonment with labor due to a crime of obstructing the performance of official duties in 2017.

In addition, the defendant has been punished ten times for violent crimes (including once for actual punishment and once for suspension of the execution of imprisonment).

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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