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(영문) 서울북부지방법원 2017.05.26 2016노2664
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service work of 80 hours) is too unreasonable.

2. Although the judgment of the defendant shows the form that the defendant recognized the crime of this case, the defendant's act of this case is identical to the husband's act of narcotics on the ground that the defendant did not open the door after pointing the defendant's her husband.

After the report, the crime was not committed because the contents of the crime were badly committed to the police officers dispatched and used violence, and the defendant was sentenced to a fine for obstructing the performance of official duties in 2014. In addition, there was a history of 18 times or punishment due to the violation of the Punishment of Violences, etc. Act, fraud, and the violation of the Narcotics Control Act, etc. Act, and there is a need to strictly punish the crime of obstructing the performance of official duties in this case in order to establish the state's legal order and eradicate the light of public power, and other circumstances revealed in the arguments in this case, including the defendant's age, sex, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is unfair.

3. 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.

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