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(영문) 서울서부지방법원 2018.08.16 2018노536

공무집행방해

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The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the lower court’s punishment (4 million won) was too excessive and unfair.

The defendant's act of leaving patrols without putting the patrols, keeping the chest of the police officer, tightly getting his hair into his hand, obstructing the performance of official duties should be criticized, having violent force against the defendant, and whether the defendant is the period of repeated offense of this kind is an unfavorable condition for sentencing.

The fact that the defendant's mistake is recognized, the police officer is the defendant's wife, the degree of interference with the execution of official duties of violence is relatively not much severe, and the fact that there is no same power is favorable.

In addition, considering various sentencing conditions, such as the defendant's age, environment, circumstances of the crime, and circumstances after the crime, the lower court's punishment cannot be deemed unfair because it is too unreasonable.

Defendant’s assertion is not accepted.

Since the appeal by the defendant is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.