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(영문) 수원지방법원 2017.05.25 2016노7821
공무집행방해
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 (five million won a punishment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Considering that the Defendant committed assault against a police officer performing his/her duties in the form of wearing a uniform, the nature of the offense is very poor, and that the Defendant has been punished several times for violent crimes, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized his crime and reflected his crime, and deposited one million won for the recovery of damage by the damaged police officers is favorable to the defendant.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change in the depth of the case.

In addition, in full view of all the sentencing conditions indicated in the records of this case, including the defendant's age, sex, family environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below as too heavy or unreasonable since it is difficult to view it as unfair. Therefore, each of the above arguments of the defendant and the prosecutor are without merit

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

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