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(영문) 의정부지방법원 2015.07.03 2014노3086

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is excessively unreasonable.

2. Determination is recognized as the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and against his mistake, that there is no criminal record, that there is no sufficient evidence of criminal punishment, and that the economic situation of the defendant seems to be sufficient.

However, in light of the contents and methods of the instant crime, etc., the crime of obstruction of performance of official duties requires strict punishment in order to establish the national legal order and eradicate the light of the public authority; the degree of assault against police officers is relatively heavy; the defendant’s age, character and behavior, intelligence and environment; the motive, means and consequence of the instant crime; the situation after the instant crime was committed; family relation; and criminal record relation; and the Defendant’s argument is not recognized to be unfair since the sentence imposed by the lower court is too appropriate and too unreasonable.

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.