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(영문) 수원지방법원 2017.07.06 2017노810

일반교통방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. The judgment does not want the punishment of a defendant at an investigative agency because the defendant has no criminal history exceeding the same criminal history and fine, the fact that he/she is a person with a disability of class III in brain diseases, or E does not want the punishment of a defendant

A statement is also made in favor of the defendant.

However, in order to prevent the defendant from running the patrol, each of the crimes of this case interferes with police officers' performance of duties, such as leaving the patrol vehicle on the road while leaving the patrol vehicle in the future, taking a bath to the police officer, etc., and obstructing the passage of other vehicles, and the crime is considerably not good in light of the method and content of the crime, the risk of the act, etc., and the act of obstructing the performance of official duties is inevitable to eradicate the danger of public power, and in full view of all the sentencing conditions such as the defendant's age, sexual behavior, environment, family relationship, motive and circumstances after the crime, etc., it cannot be deemed unfair since the court below's punishment is too excessive and unfair. Thus, the defendant's 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.