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(영문) 서울북부지방법원 2020.05.15 2020노331
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined punishment by comprehensively taking account of the following: (a) the Defendant had the history of eight criminal punishment, including the previous department; (b) the Defendant committed the instant crime during the period of repeated crime and suspended execution; and (c) the Defendant did not agree with the victims; and (d) there is no new circumstance that may consider the sentencing after the sentence of the lower judgment

The crime of obstruction of performance of official duties needs to be avoided the legitimate exercise of public authority, and the act detrimental to the function of the state's legal order, and the defendant exercised tangible power in the process of exercising abusive force against public officials working in the Gu office and public interest service personnel without any particular reason; the victim E and F have a high possibility of criticism due to an injury; the defendant repeats violent crimes; the defendant's age, character and behavior, environment, background of the crime in this case, method of the crime in this case; circumstances after the crime was committed to the investigative agency, including the defendant's attitude, etc.; and the sentencing guidelines for the crime of obstruction of performance of official duties as to the records and arguments in this case; and the sentencing guidelines for the crime of obstruction of official duties (the selection of middle sphere, imprisonment with labor to 1-4 years) are deemed to be appropriate;

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

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