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(영문) 수원지방법원 2015.04.09 2015노1101
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (e.g., the Defendant’s mistake, the Defendant committed the instant crime by drinking alcohol and contingently, the degree of assault and assault is relatively minor, and the Defendant’s history of punishment for obstruction of performance of official duties is only one time of a fine, and thus, the lower court’s sentence that sentenced to six months of imprisonment is too unreasonable.

2. The Defendant’s crime of this case was committed on the day when the Defendant was released from the repeated crime and was sent to the police station with his scams during the repeated crime period. It is not good that the Defendant was sentenced to a fine of KRW 2.5 million by the Suwon District Court on September 13, 2013, and was sentenced to criminal punishment due to assault, bodily injury, etc. In light of the motive and background of the crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and environment, it is not determined that the sentence of the lower court is unreasonable even if considering all the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.

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