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(영문) 수원지방법원 2020.05.14 2019노7000
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 (two million won of fine) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects his mistake, and the crime of this case appears to have been committed in the defendant's clothes room by failing to participate in the abnormal appraisal, the degree of assault is not relatively more severe, and the defendant has no criminal record of the same kind.

However, the crime of this case was committed by a foreigner by gathering out the face of a police officer who leads legal relief procedures after being called out after receiving a report from a person who is the principal of his clothes. The nature of the crime is bad in light of the motive, method, etc. of the crime. The crime of obstruction of performance of official duties is likely to interfere with the police officer's 112 report handling duties, and the crime of obstruction of official duties is likely to encourage the police officer's light of legal order and public authority. Thus, it is highly necessary to strictly punish the crime of this case. In full view of the equity in sentencing and sentencing between the same and similar cases of the defendant, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive, means, and consequence of the crime, etc., the sentence against the defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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