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(영문) 서울남부지방법원 2017.05.25 2017노186
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is in profoundly against the defendant, that the crime of this case was committed contingently in the state of exploitation, and that the defendant is liable to support the mother, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

B. In light of the fact that each of the crimes in this case committed by the public prosecutor was committed by the Defendant by assaulting a police officer while performing official duties, and the quality of the crime is inferior, and that strict punishment is required for the offense obstructing the performance of official duties in order to establish a legal order, the punishment sentenced by the court below is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The Defendant, without any justifiable reason, took a bath or assault against a police officer who is performing official duties, and repeatedly obstructed another police officer from performing his/her official duties even after he/she was arrested as an offender in the act of committing a crime.

The crime of interference with the performance of official duties needs to be strictly punished in order to establish the law and order, and in light of the content of the crime, the victimized police officers seem to have frighted a considerable insult.

Although the defendant had been subject to punishment 10 times for violent crimes, he also committed each of the crimes in this case, even though he had been subject to punishment 16 times.

On the other hand, the Defendant runs deeply against each of the crimes in this case.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime, as well as favorable or unfavorable circumstances to the defendant, the sentence of the court below is deemed unfair and unfair.

3. In conclusion, the defendant's appeal is without merit and the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading (the defendant's appeal is without merit, but the prosecutor's

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