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(영문) 서울중앙지방법원 2018.03.22 2017노3530
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant (2.5 million won penalty) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as creating uneasiness for those who pass through the way without any justifiable reason, assaulting a police officer in uniform who was dispatched after receiving 112 report to interfere with legitimate performance of official duties, which is not good, and committing the crime of this case even during the suspension period of execution of the same kind of crime.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, the defendant was in a state of lacking mental and physical disorder due to the mental disorder with stimulative disorder at the time of committing the crime of this case as the third degree of disability (the trial record No. 29 through 118 of the trial record), and the fact that the degree of violence against the police officer is not serious is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

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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