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(영문) 인천지방법원 2017.11.03 2017노2554
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant is led to the crime of this case, and that the defendant has no record of punishment for the same crime.

However, the illegality of the crime of this case, which the defendant assaulted the police officer wearing a uniform, and 30 minutes of a 30-minute bath, is not weak, and the defendant continued to commit the crime of this case, and there is a victim police officer who caused the crime of this case.

There is a genuine objection against his or her mistake, such as assertion.

In light of the aforementioned unfavorable circumstances, such as the fact that it is not visible, and the fact that the victimized police officer did not receive a letter from the victimized police officer, and that the victimized police officer wanted to punish the Defendant, the lower court’s punishment is too unreasonable, even if considering the favorable circumstances as seen earlier.

Therefore, the defendant's improper argument in sentencing is rejected.

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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