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(영문) 수원지방법원 2018.03.14 2017노8508
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. That the judgment defendant does not repeat a crime through the treatment for the remaining after alcohol alcohol, in that he/she repents his/her mistake and reflects his/her mistake, and that he/she does not repeat a crime.

The fact that it is different is the favorable situation.

However, the crime of this case was committed by assaulting a police officer who conducts legitimate performance of official duties and obstructing the performance of official duties, and is insulting in light of the Act on the Punishment of Crimes, which requires strict punishment to enhance the national public authority's confidence in the act of obstructing the performance of official duties by police officers in uniform; the defendant was punished for the same crime; the defendant was under suspended execution of imprisonment with labor due to interference with his/her duties on August 2, 2017; the defendant was under suspended execution; the crime of this case was repeated in the course of being investigated due to interference with his/her duties on August 2, 2017; the situation already favorable to the defendant appears to have already been considered at the court below; there was no special circumstance or change that can be newly considered in sentencing after the sentence of the court below; in full view of all the sentencing conditions of this case, such as the defendant's age, sex, environment, circumstance and result of the crime of this case, and the circumstances after the crime, and the above assertion by the defendant is not justified.

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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