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(영문) 수원지방법원 2017.02.02 2016노8073
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant in the process of finding out at the work site with the co-defendants of the court below as the Defendant did not receive wages, and the fact that the Defendant deposited KRW 50,000 for the purpose of the police officer H at the trial of the party, etc. is favorable to the Defendant.

However, the crime of obstructing the performance of official duties, such as the instant case, requires a more severe punishment to establish the public authority and legal order, obstructing the performance of official duties by the Defendant by assaulting two police officers, and obstructing the performance of official duties by each police officer, and the degree of violence by the Defendant was relatively less weak, and the Defendant committed the instant crime repeatedly during the period of suspension of execution, even though he was sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and other all of the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, and family relationship, it is difficult to view that the sentence imposed by the lower court is too excessive and unfair.

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

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