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(영문) 인천지방법원 2012.11.07 2012노2694
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

2. The fact that the defendant's judgment was made once in the trial to recognize all the facts charged, and that it is difficult to take economic circumstances, is favorable to the defendant.

However, in light of the circumstances unfavorable to the defendant, the fact that the defendant had been punished 11 times as a violent crime even before the case, and the defendant has been continuously punished, and again repeats the crime of this case even after the defendant has been punished. The defendant's act of having the time to return to himself through his short-term confinement life can prevent the crime of this case, and it seems to be helpful for the defendant as well. In addition, considering all of the various sentencing conditions in this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the defendant's assertion cannot be accepted, since the punishment determined by the court below is too unreasonable.

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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