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(영문) 의정부지방법원 2018.09.17 2018노440
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence (two years of suspended sentence for six months of imprisonment and one hundred and sixty hours of community service) sentenced by the court below is too unreasonable.

2. It is recognized that the defendant recognized his mistake in the trial of the party and reflected his mistake.

However, the crime of this case prevents the performance of official duties by taking the Defendant’s desire against the police officer who notifies the penalty on the ground of the driver’s failure to drive the center line, and neglecting the police officer’s hand to give a notice of penalty payment. The obstruction of the performance of official duties is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires to be punished strictly. The defendant did not receive a letter from the victimized police officer until the trial, and the defendant has been punished several times, including the suspension of the execution of imprisonment with prison labor for a crime of this case, taking into account the circumstances unfavorable to the defendant, and taking into account other circumstances, such as the defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., as a whole, it is not recognized that the punishment imposed by the court below is unfair because it is excessively excessive.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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