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(영문) 수원지방법원 2016.05.25 2016노1553
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. However, the defendant recognized the crime and reflects the depth of the defendant.

In agreement with the victim of the crime of interference with business affairs, the victim does not want the punishment of the defendant.

In the trial, one million won was deposited by the police officer for the victim of the crime of interference with the performance of official duties.

In 2014, the defendant was sentenced to a fine of 300,000 won for the same crime, and is not punished for the same crime.

However, the Defendant committed the instant crime without being aware of during the suspension of execution due to drinking driving.

In order to establish the law and order of the state and eradicate the awareness of the public authority, it is necessary to strictly punish crimes that interfere with the execution of public duties.

In full view of all other circumstances such as the defendant's age, sex, environment, family relationship, motive and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too unreasonable. Thus, the defendant's assertion is without merit.

3. 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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