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(영문) 대전지방법원 2015.09.03 2015노1746

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant is against the crime of this case; the defendant seems to have committed the crime of this case in contingency under the influence of alcohol; however, the crime of obstruction of performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifyinging a legitimate exercise of public authority; there are no particular circumstances or changes in circumstances that may reduce the sentence of the court below in the trial; the scope of the sentencing guidelines established by the Sentencing Committee of the Supreme Court is limited to the crimes of obstruction of official duties; the crime of obstruction of performance of official duties; the group of crimes of obstruction of official duties; the types of crimes of obstruction of official duties; the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court; the decision of the recommended area (basic area); the defendant's age, character and conduct, environment, motive and consequence of the crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, the motive and consequence of the crime, before and after

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