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(영문) 서울동부지방법원 2016.09.28 2016노668
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the Defendant’s appeal grounds is as follows: (a) in light of the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime, the sentence of the lower court that sentenced the Defendant was too excessive and unfair; and (b) the gist of the prosecutor’s appeal grounds are as follows: (c) the Defendant’s instant crime was committed against the police officer dispatched after receiving a report 112, thereby causing an injury; and (d) the above sentence of the lower court is so unfair as to be too uneasible.

In order to establish the law and order of the state and eradicate the light of the public authority, it is necessary to strictly punish the crime of interference with the execution of official duties, and the state of drinking can not be regarded as a mitigation of punishment.

On the other hand, the defendant reflects his fault in depth, and there is no criminal record other than being punished as a fine for a single kind of punishment.

Damage police officers also seek the defendant's seat.

In addition, comprehensively taking into account the various circumstances that form the conditions for sentencing, such as the Defendant’s age and environment, the sentence of the lower court cannot be deemed to be appropriate, too heavy or unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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