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(영문) 수원지방법원 2016.04.21 2015노4490
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The fact that the defendant has no record of punishment in the Republic of Korea until now, that the defendant is against the crime of this case, that the court below deposited 50,000 won for police officers E and F, and that the defendant additionally deposited 50,000 won in the court below, respectively, is favorable to the defendant.

However, the crime of interference with the execution of official duties requires a more severe punishment to establish public authority and legal order, and when the defendant was dispatched after receiving a report of assaulting a criminal offender, the crime of this case was committed and the degree of the assault was not mitigated, the circumstances and the nature of the crime are not good. In full view of all the sentencing conditions indicated in the argument of this case, including the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, etc., it is difficult to view that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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