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(영문) 수원지방법원 2020.01.09 2019노4032

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. Recognizing that the Defendant appears to have come to commit the instant crime in a somewhat contingent condition while under the influence of alcohol, the circumstances, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, and that the Defendant has no record of punishment in the Republic of Korea, are considered to have been already considered in the sentencing of the lower court.

In addition, the crime of this case is deemed to obstruct the legitimate performance of official duties by assaulting police officers who were sent to the police after receiving 112 reports at the home of the person under the influence of alcohol by the Defendant. In light of the law and content of the crime, etc., the nature of the crime is considerably bad in light of the law and content of the crime, and the crime of obstruction of performance of official duties, which disregards public authority and obstructs criminal justice procedures, requires strict punishment. In full view of the equity in sentencing with the criminal cases of the same and similar type, the defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., as well as various sentencing conditions shown in the argument of this case, such as the circumstances after the crime, it is

Therefore, the defendant's above assertion is not accepted.

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