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(영문) 서울중앙지방법원 2013.04.11 2013노47

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 300,000 won) imposed by the court below is too unreasonable.

2. There is no extenuating circumstance, such as the fact that the instant crime of this case with respect to the grounds for appeal ought to take account of equity between the Defendant and the case where the judgment was rendered simultaneously with the crime of obstruction of performance of official duties that became final and conclusive on October 12, 2012, and the method and degree of the Defendant’s assault with respect to the method and degree

However, on the other hand, the defendant committed the crime of this case when he had been punished several times as obstruction of performance of official duties, and ② the court below appears to have sentenced the defendant to a fine of KRW 300,000,000,000, which reduced the fine amount of KRW 500,000,000 in the summary order by fully taking account of the above favorable circumstances, ③ there are other circumstances such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, and there are no special circumstances or changes in circumstances to be considered newly after the sentence of the court below. In full view of the various circumstances, including the defendant’s age, character and behavior, character, environment, motive, means and consequence of the crime, etc.,

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.