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(영문) 수원지방법원 2017.01.13 2016노7958

특수공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The fact that the judgment is against the crime, that 50,000 won is deposited for police officers, and that equity is to be considered with the case of judgment simultaneously with the special injury crime for which the judgment became final and conclusive (Provided, That it is considered that the judgment on the above special injury crime, etc. became final and conclusive formally before the crime of this case) are favorable circumstances.

However, it is very dangerous that the method of crime is very dangerous for the police officer to take the head of the police officer's head into consideration, and assaults the police officer dispatched after receiving a report 112, and thus the nature of the crime is bad, and the police officer still is punished for the defendant.

In addition, taking into account the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions as shown in the theory of changes, it cannot be deemed that the sentence of the court below is too heavy or too unreasonable.

3. 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.