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(영문) 수원지방법원 2017.11.27 2017노5621
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. The judgment of this case prevents a police officer from performing official duties by using breath, etc. of a police officer dispatched upon receipt of a report by the defendant 112, and is not easy in light of the content and result of the crime.

On the other hand, however, the defendant shows his attitude to see and reflect his mistake, and the degree of violence is relatively minor due to contingent crimes, and there is no same criminal record for the defendant.

Considering the above circumstances unfavorable or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of the sentencing discretion.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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