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(영문) 서울서부지방법원 2015.06.19 2015노556
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable;

2. Determination factors are the sentencing factors favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the fact that there is no record of punishment for obstruction of performance of official duties.

However, the Defendant had been sentenced two times to a fine due to the violation of the Punishment of Violences, etc. Act even before, and the crime of this case was committed by assaulting police officers who wear the uniform to interfere with the legitimate exercise of public authority, and the quality of such crime was bad, etc., and taking full account of the sentencing factors unfavorable to the Defendant, including the Defendant’s age, character and conduct, the background and consequence of the crime of this case, and all other sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, the sentence of the lower

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

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