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(영문) 서울동부지방법원 2016.08.25 2016노574
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Although considering the following factors: (a) the degree of the instant assault is minor; (b) the Defendant reflects the Defendant; (c) the Defendant has much history of punishment for violence or interference with the performance of official duties; (d) the Defendant again committed the instant crime within the repeated period after release from prison, by obstructing the performance of official duties; (b) the police was forced to suppress the Defendant from performing his/her official duties; and (c) the Defendant’s age, sexual conduct, environment; (d) the background and consequence of the instant crime; and (e) all other circumstances constituting the conditions for the sentencing specified in the records and arguments, including the circumstances after the commission of the instant crime, are considered, it is appropriate for the lower court to have imposed the sentence by fairly examining the reasons indicated in its reasoning; and (e) it cannot be deemed unfair because it is too unreasonable for the lower court to have committed the instant crime.

3. According to the 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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