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(영문) 수원지방법원 2014.04.10 2013노5248

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment was made by the Defendant, while performing official duties in a legitimate manner, took advantage of the motive and violence of the police officer, and the nature of the crime revealed in the circumstances of the crime, such as knifeing him and knife him to the police officer. The Defendant was sentenced to imprisonment with prison labor for six months and one-year punishment for obstruction of performance of official duties on December 27, 2012 at the Daejeon District Court, which became final and conclusive at that time. The Defendant again committed the instant crime without being aware of it during the period of suspension of execution, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, cannot be deemed unfair because the Defendant’s punishment against the Defendant is too excessive.

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.