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(영문) 서울중앙지방법원 2016.07.15 2016노1351
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1 deliberation (7 million won in penalty) is deemed to be too unhued and unfair.

2. Since 2013, the Defendant was punished as committing another person or assaulting a police officer without any particular reason in a three-time situation since 2013. In particular, the Defendant committed a crime of obstructing the performance of official duties in the instant case under the influence of drinking again without being aware of it during the suspension period for the same kind of crime, and the content thereof also shows an aggressive form, such as drinking or walking a police officer, etc.

However, in full view of the following facts: (a) the Defendant led to the confession of all crimes and the misunderstanding that the Defendant would not repeat again; (b) the Defendant committed contingent crimes while under the influence of alcohol; (c) the victimized police officers did not have the location of an injury in need of medical treatment; and (d) the Defendant’s age, sex, criminal conduct, family relationship, motive and means of the crime; and (e) the circumstances after the crime, etc., the sentencing conditions in the trial process of the instant case, such as the circumstances after the crime, cannot be deemed as unfair as one deliberation sentence is too un

Therefore, prosecutor's assertion is not accepted.

3. If so, the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That in accordance with Article 25 of the Regulation on Criminal Procedure, "H" in the second fifth fifth of the judgment of the first instance, which is obvious that it is a clerical error, is dismissed as "E").

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