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(영문) 수원지방법원 2018.04.12 2017노8709
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (the amount of KRW 6 million) is too unreasonable.

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

2. In the crime of this case, the Defendant was unable to find a disturbance to the Public Security Center while under the influence of alcohol and committed an attack against the police officer without any justifiable reason, and the nature of the crime was serious, and the crime of interference with the execution of official duties is likely to interfere with the protection of legal order and the legitimate execution of public authority, and thus, it is strictly necessary to distort the Defendant’s disadvantage.

It is favorable to the defendant that there is no record of the same crime against the defendant, and that the extent of the assault inflicted by the defendant is not severe.

In full view of all the sentencing conditions shown in the arguments in this case, including the above circumstances against the defendant, the defendant's age, sex, environment, etc., the sentence of the court below is not deemed to be too weak or unreasonable.

3. The appeal of this case by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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