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(영문) 수원지방법원 2017.09.14 2016노6484
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence that sentenced the Defendant to a fine of KRW 5,000,000 is too unreasonable as the gist of the Defendant’s appeal grounds (unfair sentencing) is too unreasonable.

2. The crime of this case was committed by the police officer C and D, who attempted to arrest the defendant's will as a violation of the Immigration Control Act, and was committed with the above police officers' arms, etc. It is not good that the crime was obstructed by obstructing the police officers' performance of their official duties. The crime of obstructing the performance of official duties in order to establish the state's legal order and eradicate public peace, there is a need to strictly punish the crime. The defendant had the record of criminal punishment, and other factors of all the sentencing as shown in the records and arguments of this case, including the defendant's age, sexual behavior, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., it is not determined that the sentence of the court below is too unreasonable. Thus, the above assertion is without merit.

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

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