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(영문) 서울남부지방법원 2016.06.23 2016노492
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the court below (six months) is too unreasonable in view of the following: (a) the defendant, at the trial of the party, fully paid the damaged police officer the amount of consolation money claim amount of KRW 500,000,00 to the injured police officer through his wife, (b) the degree of violence is not relatively heavy; (c) his wife committed recidivism; (d) his wife promised to prevent recidivism; and (e) his wife complained of his wife; (e) his wife has been living in a prison life for more than four months in this case; (e) his family is exempted from consideration of the circumstances of the crime; (e) his family is supported; (e) his family is not sufficient economic situation; and (e) he actively

2. However, in light of the fact that the defendant was sentenced to a relatively recent suspended sentence for the same kind of crime, but again commits the crime of this case, and that a police officer who wears a uniform without any particular reason intentionally assaults assaults a police officer, thereby causing a disability, it is inevitable to severely punish the defendant.

In full view of all the sentencing conditions of the Defendant and the reasons for sentencing of the lower judgment, considering the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable, even if it is considered that the circumstances alleged by the Defendant on the grounds of appeal are considered.

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

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