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(영문) 인천지방법원 2016.04.21 2016노556
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The defendant's confession and reflects the judgment.

An agreement was reached with the victim F of the obstruction of duty, and one million won was deposited for H by the victim police officer of the obstruction of duty performance.

However, in collusion with B on the ground that the Defendant, while walking along the way under the influence of alcohol with Defendant B, was faced with the trucking vehicle driven by the victim, the Defendant interfered with the victim’s business, assaulted the Defendant as a police officer who sought to arrest the Defendant as a current offender. Even after the arrest, the Defendant was able to put the back the back part of H’s backhead for about four minutes in his hand, and eventually, the test was put into force after using the ice (e.g., electronic shock machine).

Even after being taken into custody of the police, the nature of the crime is very poor for about two consecutive hours, referring to the denial of the police officer and his/her ancillary, and the desire not to be taken into custody for the police.

The Defendant had been punished twice due to the obstruction of the performance of official duties, and was sentenced to four months of imprisonment for the crime of injury in 2013 and was sentenced to two years of suspended execution, and committed the instant crime during the suspended execution period.

In full view of such various circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, the lower court appears to be appropriate, and it is not deemed unfair because it is too unreasonable.

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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