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(영문) 수원지방법원 2015.12.10 2015노5587
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. As the Defendant was arrested by F, etc., who was a police officer, due to the failure to pay a fine at the time of the instant case, the Defendant appears to have committed the instant crime in contingency and impulsely, and it appears that the damage suffered by the victimized police officer due to the instant crime is relatively excessive, and the Defendant’s mistake is repented and against himself/herself, and the circumstances favorable to the Defendant are favorable to the Defendant.

However, there are many records of punishment for suspended execution due to the same and other crimes, and even though there was a record of punishment for the same crime on January 2015, the defendant committed the crime of this case repeatedly after the lapse of about four months, and the crime of obstruction of performance of official duties requires more severe punishment to establish public authority and legal order. In addition, the crime of this case was committed while the defendant stops his own vehicle illegally, but it was discovered that he was arrested due to the failure of fine due to the delinquency in the enforcement of police officers, and it was committed by the police officer's chest, and it was committed by assaulting the police officer's chest with his hand, and it was not good that the method, circumstance, and crime was committed, and the character of the crime, and all other sentencing conditions such as the defendant's age, environment, character, etc., it is difficult to view that the sentencing of the court below is unfair because it is too unreasonable.

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

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