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(영문) 인천지방법원 2017.12.08 2017노3694
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, upon receiving a report 112, expressed the police officer’s desire to insult him/her, and obstructed the legitimate performance of official duties by assaulting the police officer.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

The police officer who suffered the damage was punished for the defendant, and the damage was restored.

There is no evidence to see.

When considering these circumstances, the defendant needs to be punished corresponding to the responsibility for the crime.

However, the defendant recognized the crime of this case, and reflects his mistake in depth.

At the time of the instant case, it appears that the occurrence of the instant crime was likely to result in the occurrence of the instant crime, and the degree of the assault used by the Defendant to a police officer is not severe.

There is no record that the defendant has been sentenced to punishment or heavier punishment than the suspension of execution of official duties.

In light of the above circumstances, comprehensively taking into account the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and method of the instant crime, as well as the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or too unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. The appeal filed by the Defendant and the prosecutor is 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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