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대구지방법원 2014.03.28 2013노3329

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. It is recognized that the Defendant’s confession of the instant crime and reflects the Defendant, and that the degree of assault, which is the means of obstruction of performance of official duties, is minor.

However, in order to establish the state’s legal order and eradicate the light of the public authority, the crime of obstruction of the performance of official duties requires strict punishment, the fact that the defendant has been punished several times as violent crimes, and other circumstances that are conditions for sentencing, such as the defendant’s age, character and conduct, the circumstances leading to the instant crime, and the circumstances after the crime, are considered as being too unreasonable. Thus, the defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.