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(영문) 창원지방법원 2016.07.20 2016노949
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.

The fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the defendant is the first offender who has no criminal history, and that the police officer who suffered the damage does not want the punishment against the defendant is more favorable.

On the other hand, the crime of this case was committed by the Defendant without any justifiable reason, and was committed by the police officer upon receiving a report under the influence of alcohol, and was committed with tearing, tearing, and destroying the police breath in the presence of the police officer, and the nature of the crime is not good.

In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is heavy or unfeasible, and thus, cannot be deemed unfair.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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