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(영문) 수원지방법원 2016.06.10 2015노7467
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unreasonable.

2. The fact that the injured party of the crime of interference with the judgment is not subject to the punishment of the defendant, the fact that each of the crimes of this case committed contingently, and the fact that there is no criminal record is favorable.

However, in the case of interference with the performance of duties, there is a longer time to interfere with the duties, and in the case of interference with the performance of duties, it is not good to form a crime by assaulting the police officer's rank, etc. on the site of 112 report, and the police officer who interfered with the performance of duties is punished by the defendant.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below is too unreasonable.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure that "the victim B and the victim B" in the part of the judgment below shall be corrected to "the victim B" in accordance with Article 25(1) of the Rules on Criminal Procedure

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