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(영문) 의정부지방법원 2016.06.14 2016노929
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the order to complete a sexual assault treatment program 24 hours) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime.

B. However, in full view of the following circumstances: (a) the Defendant’s history of punishment for the same kind of violent crime has reached several times; (b) the Defendant committed each of the instant crimes again during the period of repeated crime due to larceny, interference with duties, and refusal to leave; and (c) the Defendant committed an indecent act against a police officer performing official duties; (b) there is very poor nature of such crime; (c) there is no special change in circumstances after the sentence of the lower judgment was made; and (d) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background, and circumstances after the crime, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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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