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(영문) 수원지방법원 2016.05.19 2015노5836

공무집행방해

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (five million won in penalty) is too unhued and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. The judgment does not have the power that the defendant was punished for the same kind of crime, and there is no history of punishment exceeding the fine for other crimes, and the fact that the defendant did not have a relatively heavy degree of assault by the police officer, etc. is favorable to the defendant.

On the other hand, the crime of interference with the execution of official duties requires a more severe punishment to establish public authority and legal order, and the defendant took a bath against a police officer who demanded the measurement of drinking, and thereby obstructing the execution of official duties of this case. In terms of the motive and circumstance of the crime in this case, the crime is not good, etc., which are disadvantageous to the defendant.

In full view of all the sentencing conditions shown in the argument of this case, including the defendant's age, sex, environment, etc., it is difficult to deem that the sentence imposed by the court below is too weak 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. It is so decided as per Disposition.