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(영문) 서울서부지방법원 2017.06.15 2017노404
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal and the judgment of the court below (one year of imprisonment), the defendant asserts that it is too unreasonable for the defendant to be sentenced to imprisonment, and the prosecutor asserts that it is too unfeasible and unfair.

The fact that the defendant led to the confession and reflect of the crime, and that the defendant made efforts to recover the damage by depositing 500,000 won for the damaged police officers in the first instance is favorable.

However, if the defendant has been punished for violent crime several times, and in particular, even though he had been sentenced four times as a result of obstructing the performance of official duties, he again committed the crime in this case, the police officer's face, seat of the police officer seated next to the police officer, such as drinking the police officer, taking the head, and taking the head, etc. into consideration all the conditions of the sentencing as shown in the arguments, such as the defendant's age, sexual behavior, family relation, etc., the sentence of the court below is judged to be appropriate, and it cannot be deemed to be excessive, excessive, excessive, or excessive, and thus unfair.

2. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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