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(영문) 창원지방법원 2015.01.29 2014노2655

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal: (a) the confession and reflect of the Defendant; (b) the Defendant committed the instant crime by contingency when there was no place to take the Defendant under the influence of alcohol; (c) the degree of damage by the victimized police officer is not limited; and (d) the Defendant again does not repeat the crime; and (c) the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the defendant, the crime of this case is committed by assaulting police officers D who were dispatched by the defendant after receiving 112 report to interfere with the legitimate execution of duties by police officers, and the case is not easy and is not good. The defendant committed the crime of this case even though there were several records of punishment (two times a fine and two times a suspended execution of imprisonment) due to the crime of obstruction of performance of official duties, in order to establish the state's legal order and eradicate public peace, there is a need to strictly punish the crime of obstruction of official duties; the defendant did not agree with the victimized police officers until the trial; the court below did not have any special relation or change of circumstances to be newly considered in the trial; the defendant's character, character and environment; the circumstance and result of the crime of this case; the circumstances after the crime of this case; and the circumstances after the crime of this case are recorded and the sentencing indicated in the oral proceedings. Thus, the above argument by the court below is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.