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(영문) 서울서부지방법원 2017.02.09 2015노1148
위계공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (an amount of KRW 3 million) on the summary of the grounds of appeal is too unreasonable.

2. The judgment is based on the following: (a) the Defendant led the Defendant to commit the instant crime and reflects the mistake; (b) the instant crime not only interferes with the police officer’s performance of duties by filing a false report with the police repeatedly, but also brings about the waste of police power, etc.; (c) the Defendant has a record of criminal punishment several times; and (d) the Defendant has other records of criminal punishment, such as the Defendant’s age, career, sexual conduct, environment, motive and method of the instant crime, means and method of the instant crime; and (e) the sentence of the lower court is deemed appropriate in light of all the conditions indicated in the arguments and records such as the circumstances after the crime.

The defendant's argument of sentencing 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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