logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.23 2017노3369
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime against the Defendant when he was in the trial for the first time, and made a statement to the effect that there was no record of criminal punishment exceeding the suspended sentence, and that the victimized police officer made a statement to the effect that he would disrupt the Defendant’s wife.

However, the crime of this case requires the police officer to move tobacco on the side of high-pressure gas, thereby posing a bath and exerting physical power. The crime of obstructing the performance of official duties, such as this case, requires strict punishment in order to establish the law and order of the State and eradicate the light of public authority. As the defendant takes the chest of the police officer who suffered from his head, it is not easy for the defendant to commit violence such as raising his hand, etc., and the defendant has been punished several times due to violent crimes, including the same crime, and has been punished several times due to suspended execution, and further, even during the suspended execution period due to the violation of the Punishment of Violences, etc. Act (joint assault), it appears that the possibility of recidivism is considerably high due to the lack of compliance consciousness, and the defendant's age, sex, motive and means of the crime of this case, the crime of this case, and the records and circumstances after the crime of this case cannot be seen as excessive punishment.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

arrow