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(영문) 서울남부지방법원 2018.07.26 2017노1398

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) strict punishment should be imposed on the instant crime that interferes with the performance of official duties in order to create a social atmosphere in which the law and principles of the grounds for appeal are observed and to establish a legal order; (b) the instant crime committed by the Defendant, upon receiving 112 reports, is considerably poor in the nature of the crime; (c) the risk of the act is serious; and (d) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she committed the instant crime while serving a suspended sentence for other crimes; and (e) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the defendant was sentenced to a suspended sentence of imprisonment with prison labor on December 23, 2016, and the defendant was sentenced to a suspended sentence of imprisonment with prison labor on December 23, 2016, and was dispatched to the police officer by using the 112 report of the place of business during the suspended sentence period, and was committed against female police officers, and thus, the crime of insult and interference with the execution of official duties of this case is unreasonable.

In addition, the defendant was arrested as a current offender and brought in as the earth while taking them back to the earth while taking a bath, etc. The defendant expressed his/her intention that "the police officer who is strongly punished" in the police investigation, and the staff of the entertainment center in the judgment of the court below should take the situation that "the defendant desires to take the police and take the police," and "the situation that the staff of the entertainment station in the judgment of the court below should take the police station in the police investigation."