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(영문) 인천지방법원 2018.11.22 2018노3386
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The judgment of the defendant acknowledged the crime of this case, while the defendant was in opposition to the recognition of the crime of this case, the defendant was sent to police officers after receiving a report that he was frightening to the drunk, and re-influence another police officer at the police station after being arrested. During that process, in light of the circumstances and methods of the crime, such as the police officer’s abusive behavior, etc., the nature of the crime was not very good, the investigation attitude at the investigation agency was bad, the type of the defendant’s exercise of power is not less specific, the defendant’s criminal records such as property damage, bodily injury, and obstruction of duties can be sentenced to criminal punishment, and the crime of this case is also repeated during the period of repeated crime due to damage to public goods, and it appears that the defendant's criminal records, etc. are likely to have committed violence and personality and behavior, it is necessary to punish the defendant strictly because it is directly connected with the life and safety of ordinary citizens, and it is unreasonable for the court below to impose punishment too undue punishment on the defendant.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).

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