(영문) 서울중앙지방법원 2018.12.13 2018노3012

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(영문) 서울중앙지방법원 2018.12.13 2018노3012

공무집행방해

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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 lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant recognized all of the facts of the crime and divided, and the fact that the defendant has to support his family are the wife to support his family.

On the other hand, there are circumstances unfavorable to the defendant, such as the following: (a) the defendant, who was called for a police officer upon receiving a report on his/her behavior at a point where he/she was under the influence of alcohol, took a serious bath; (b) the above police officer's bucket with her hand; (c) the nature of the crime was poor; (d) the defendant was punished by a fine for obstructing the performance of official duties in 2013; (c) the defendant was sentenced to the suspension of the execution of his/her official duties in 2016; (d) the defendant was sentenced to the suspension of the execution of his/her official duties for 6 months; and (e) again committed the crime in this case during the suspension of the execution of his/her official duties for 2016; and (e) there

In full view of the above circumstances favorable or unfavorable to the defendant, the defendant's age, sexual conduct, environment, and circumstances after the crime, and all the sentencing conditions revealed in the records and changes of the case, it cannot be deemed that the sentence imposed by the court below is too heavy or too unreasonable.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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