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(영문) 의정부지방법원 2017.03.16 2016노3282
공무집행방해등
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. The judgment of the defendant can have the power to punish the defendant as a crime of injury to public goods of the same kind, obstruction of the performance of official duties, and violence. The crime of this case is committed by the defendant, who is arrested as a current offender, toward the police officer during the course of arresting him/her, and the nature of the crime is not weak.

There is no special circumstance that differs from the original judgment in the first instance.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of final sentence according to the sentencing guidelines set by the Supreme Court's sentencing committee's sentencing committee's recommendation: the crime No. 1 (Obstruction of Performance of Official Duties) on June through May 10 (the scope of recommended punishment) / [the scope of recommendation] on the basic area (6 months to 1 year and 6 months) of the first type of public goods (the invalidation of public goods) [the scope of recommendation] on the ground that there is no person subject to special sentencing [the scope of recommendation] on the second type of crimes (Obstruction of Performance of Official Duties] [the scope of punishment] on the basic area (6 months to 1 year and 4 months) on the basis of the first type of crimes (Obstruction of Performance of Official Duties and Compelling of Duties] on the basis of the basic area (6 months to 1 year and 4 months) [no person subject to special sentencing] on the ground that there is no special category of assaulting violence [3].

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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