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(영문) 수원지방법원 2017.11.23 2017노2999
공무집행방해
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant recognized the Defendant’s mistake and reflected, and that the Defendant committed the instant crime by contingency under the influence of alcohol, the lower court’s sentence that sentenced to a fine of KRW 5,000,000 is too unreasonable.

B. In light of the fact that it is necessary to strictly punish a police officer who has been in uniform to commit a crime obstructing the performance of official duties in order to establish the law and order of the state of public prosecutor and eradicate the light of the public authority, the sentence of the lower court is too uneasible and unreasonable.

2. In full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the Defendant committed the instant crime in contingency under the influence of alcohol; (c) the Defendant had a large number of criminal records due to violent crimes; (d) the Defendant’s heavy punishment is required for the crime of obstructing the performance of official duties by police officers in uniform; and (e) the Defendant’s age, sexual behavior, environment, degree of damage, motive and circumstance of the crime; and (e) all of the sentencing conditions specified in the instant records and arguments, including the circumstances after the crime, such as the circumstances after the crime, etc., the lower court’s punishment is deemed reasonable; and (e) the foregoing assertion is not deemed unfair because it is too heavy or too unreasonable.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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