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(영문) 수원지방법원 2018.01.10 2017노6532
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

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

2. The crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order. The Defendant not only interfered with the performance of official duties by police officers, but also damaged public goods.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects his depth; (b) there are no other criminal records other than sentenced to a fine on three occasions due to drinking driving; and (c) police officers are deemed not to suffer damage; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime; and (b) the Defendant’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion is without merit.

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

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