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(영문) 수원지방법원 2019.05.30 2018노8168
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below's punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable;

2. Although the circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, it seems that the lower court’s sentencing had already been considered.

In addition, the instant crime was committed by the Defendant under the influence of alcohol in the stairs at the entrance of a club. In addition, the Defendant obstructed the performance of official duties by taking advantage of the body of the police officer, who aided the Defendant. In light of the method and content of the crime, etc., the nature of the crime is considerably bad in light of the method and content of the crime, the crime of neglecting the public authority, and the crime of obstructing the execution of official duties is in need of strict punishment. The Defendant is not aware of the fact that the Defendant committed the instant crime without being aware of and without being aware of the fact that he was punished twice by a fine for the same kind of crime in 2008 and 209, and that he committed the instant crime. In full view of the various sentencing conditions as shown in the instant argument, such as the equity of sentencing with the same and similar incidents, the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., it is not recognized that the

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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