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(영문) 의정부지방법원 2014.10.30 2014노1701

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. One-time violence has been committed against the defendant on the basis of two occasions, although this previous violence has been committed, the crime of this case has been committed during the repeated crime period, and the act of assaulting the police officer to exercise public authority among the crimes of this case affects the police officers' duties to protect the peace and safety of citizens, and the damage is eventually returned to the general public, so it is necessary to strictly punish the crime. Among the crimes of this case, the crime of this case against the victim C was committed against the victim without any reason (the defendant is not a unilateral violence but a unilateral assault, and the victim first expressed his desire to do so. However, according to the records, the victim C made a statement at an investigative agency to the effect that "the defendant tried to do so while walking along the way, the defendant's own desire to do so," and the act of assaulting the police officer to exercise public authority among the crimes of this case has an influence on the police officers' duties to protect the peace and safety of citizens, and it is not easy to find the defendant's motive and behavior as a result of the crime of this case without any reason.

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