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(영문) 창원지방법원 2020.11.20 2020노1024

공무집행방해

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (a pair of grounds for appeal) argues that the Defendant asserts that the sentence of the lower court (a fine of KRW 4 million) is too unreasonable, and that the prosecutor asserts that the sentence of the lower court is too unhued and unreasonable.

2. Determination is an unfavorable circumstance, where the Defendant assaulted a police officer dispatched to his 112 report and obstructed the performance of official duties, and the Defendant did not receive a letter from the victimized police officer.

On the other hand, it is advantageous to the fact that the defendant reflects the mistake, the degree of the assault committed by the defendant against the police officer, the degree of the obstruction of performance of official duties is not serious, the contingent crime, and the defendant was punished several times as a crime related to violence, but the defendant has no record of being punished as a crime related to violence since 197.

In full view of such circumstances and all of the sentencing conditions as seen in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.