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(영문) 수원지방법원 2014.01.09 2013노5092
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The conclusion that the Defendant led to the confession and reflect of the instant crime, and that the Defendant deposited a total of one million won for the victimized police officers in the first instance trial is favorable to the Defendant. If the judgment of the lower court becomes final and conclusive, the circumstances are also acknowledged that the previous suspended sentence should be invalidated and the Defendant should be sentenced to imprisonment with labor for up to three years suspended.

However, since the defendant is in the period of probation due to violent crimes, it is inevitable to sentence the defendant on the ground that he was subject to probation education for two months or more, and thus, the crime of obstruction of performance of official duties needs to be strictly punished in order to establish the state's legal order and eradicate the light of public authority. The degree of assault committed by the defendant against a police officer is not easy, and the court below is deemed to have determined the period of punishment considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., including the fact that the defendant's punishment is deemed to have been determined in consideration of the favorable circumstances of the defendant, and it is not unreasonable for the court below to have too

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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