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(영문) 서울남부지방법원 2018.04.12 2018노161

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) takes into account the following factors: (a) the Defendant recognized the instant crime; (b) recognized the instant crime; and (c) was living in the future in good faith; (d) the Defendant’s family members found the Defendant’s victim police officer on behalf of the Defendant and tried to reach an agreement several times; (b) the Defendant’s health status is not good; and (c) the Defendant’s wife wanted to take the Defendant’s wife against the Defendant, it is unfair that the Defendant’s sentence (a punishment of eight months) declared by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the Defendant asserts, ① the Defendant, under the influence of alcohol from around September 16, 201 to around 23:24 of the same day, walked off 19 times in the office of 112 criminal reporting by the Seoul Regional Police Agency from around September 16, 2017, and 23:40 of the same day, he directly found the D District Unit of the Seoul Metropolitan City Police Station at around 23:40 of the same day, and was committing the instant crime. ② The Defendant was arrested as the current offender for the instant crime and examined, and was released on September 17, 2017, but only one hour has passed since her release from around September 14, 2017, and the Defendant continued to be subject to criminal punishment by taking into account the following circumstances: (i) the Defendant’s age from around 103:05 to around 18:05; and (ii) the Defendant’s age and conditions of punishment, including the instant crime, need for more than 112 police officers.