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(영문) 전주지방법원 2016.05.13 2016노332
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant did not have any record of punishment for the same crime; that the defendant recognized the crime of this case and repented his mistake in depth; and that he deposited one million won each for the victimized police officers, etc.

On the other hand, the crime of this case is a situation unfavorable to the defendant, in order to establish the state's legal order and eradicate the danger of public authority, and there is a need to strictly punish the crime of interference with the execution of public duties in order to establish the state's order and eradicate the danger of public authority.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 25 (1) of the Criminal Procedure Act. However, since it is obvious that "(the punishment prescribed by the crime of obstructing the performance of official duties by mutual interference with the performance of official duties and by obstructing the performance of official duties against E with a heavier amount of punishment)" in the judgment below is written as error, the defendant's appeal is to be deleted ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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