(영문) 수원지방법원 2016.08.25 2016노3289 | 리걸엔진

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(영문) 수원지방법원 2016.08.25 2016노3289

특수공무집행방해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (the imprisonment of eight months, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The following are the circumstances that are favorable to the Defendant: (a) the Defendant committed the instant crime while the Defendant was in conflict with I, and all of the instant crimes were recognized; (b) F and E, a police officer who was severely damaged, did not commit the instant crime; (c) the Defendant deposited KRW 500,000 for the above police officers at the lower court; and (d) the Defendant did not have any record of criminal punishment for a crime interfering with the performance of official duties.

On the other hand, the crime of this case is committed against the defendant, such as the fact that the defendant committed the crime of this case with the head of police officer F with broom broom, displayed the knife to police officers F and E, with the high risk of committing the crime, and there is a need to impose severe punishment with regard to the crime of obstructing the performance of official duties, such as this case, in order to eliminate the danger of committing the crime and establish the legal order, and there is a history of serving a large number of criminal punishments including one punishment, and there is a history of serving a suspended sentence of imprisonment with labor for the crime of obstructing the performance of official duties, one time of a suspended sentence of imprisonment with labor for the crime of obstructing the performance of official duties, and one time of a fine,

When comprehensively taking into account all these circumstances, the sentencing conditions such as the defendant's age, sex, environment, family relationship, etc., the sentencing of the court below cannot be deemed to be too weak or unfair.

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

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