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(영문) 서울동부지방법원 2016.12.23 2016노1659

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (four months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake is in profoundly against his or her own fault and that there is no history of punishment can be considered as sentencing data favorable to the Defendant.

However, the Defendant’s crime of this case prevents a police officer’s legitimate execution of duties by doing an act, such as gathering a gun possessed by a police officer and threatening to escape the fire, and the nature and circumstances of the crime are very serious in light of the danger of the method of crime.

In order to establish the law and order of the state and eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of performance of official duties.

In this regard, considering the various conditions of sentencing as shown in the records and arguments such as the defendant's age, character and conduct, and environment, the sentence sentenced by the court below is not heavier.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.