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(영문) 수원지방법원 2015.06.03 2014노7293
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 5 million) is too unreasonable.

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

2. The crime of this case committed by the Defendant by assaulting a police officer to interfere with the legitimate execution of duties by the police officer, and slicking or slicking the horses and actions conducted by the police station under the influence of alcohol. In light of the background, method, and content of the crime, the nature of the crime is not good, and the crime of obstruction of performance of official duties requires strict punishment as an offense detrimental to the State’s function by interfering with legitimate exercise of public authority.

The fact that the defendant is waiting for and against the crime, that the defendant has no record of being punished for the same crime, and that there is no record of criminal punishment after 2008, etc. are favorable to the defendant.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the deletion of "the protocol of interrogation of the prosecution against the defendant" in the summary of the evidence of the court below shall be corrected.

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