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(영문) 수원지방법원 2018.06.01 2017노9265
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair because he is too unfasible to the punishment of the court below (3 million won in punishment). The prosecutor asserts that the sentence of the court below is too unfasible and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the crime of this case was committed by a police officer with legitimate execution of duties, and the nature of the crime is not good.

On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no criminal history for the defendant, etc. are favorable to the defendant.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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