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(영문) 수원지방법원 2017.07.06 2017노1942
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized his/her criminal act; (b) the record of criminal punishment in Korea is not confirmed; (c) the victim of the crime of destroying property was restored to the victim and the victim did not want the punishment; and (d) the degree of assault against the police officer was relatively minor.

However, in light of the fact that the defendant, while under the influence of alcohol, destroyed a vehicle of another person without any justifiable reason, and the police officer wearing a uniform was assaulted by the above police officer, such crime is considerably poor. The agreement with the injured police officer or it appears that the injured police officer did not receive a letter of suspicion from the injured police officer. In full view of all the sentencing conditions stated in the records of this case, such as the defendant's age, sex, family environment, circumstances of the crime, and circumstances after the crime, it is difficult to see that the sentencing of the court below is too excessive and unfair, and the above assertion by the defendant is without merit.

3. In conclusion, 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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