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(영문) 수원지방법원 2013.08.21 2013노1955

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant’s judgment on the Defendant’s assertion of unfair sentencing is against the instant crime, and the circumstances that the Defendant’s wife was not at the time of performing official duties in this case are considered. However, the lower court appears to have sufficiently taken into account the circumstances favorable to the Defendant’s wife at the time of execution of official duties in this case, and there is no change in circumstances to mitigate this again in the trial. The instant crime was committed by the Defendant’s desire and the Defendant’s use of violence to the prosecution investigator who is performing legitimate official duties in light of the form and method of the crime, and the nature and circumstances of the crime are not easy. In full view of all the circumstances indicated in the instant records and arguments, including the Defendant’s age, character and conduct, occupation, criminal record, etc., the punishment (one million won) imposed by the lower court is not adequate and heavy.

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