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(영문) 수원지방법원 2015.02.05 2014노7754

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable (two months of imprisonment and a fine of one hundred thousand won).

2. The judgment of the court below denied the crime of obstruction of performance of official duties at the court below, but all of the crimes of this case are against the defendant, such as the fact that the defendant committed an act of obstruction of performance of official duties at the court below, and that all of the crimes of this case appears to have committed an accident by the defendant under the influence of alcohol, etc., and that the defendant has been subject to criminal punishment at least 20 times due to the defendant's favorable circumstances, the crime of injury, assault, violation of the Road Traffic Act, etc. In particular, the crimes of this case were committed during the period of repeated crime in the judgment of the court below, which considerably interfere with victim D's convenience store business during a long period, and interfere with the police officer's business operation who was notified of the defendant's act of creating anxiety to others, and thus obstructing legitimate execution of official duties, in light of the circumstances, methods, results, etc. of the crime of this case, the nature of the crime of this case is not easy to agree with the victims, and no effort is made for recovery of damage after the judgment below, there is no special change of circumstances.

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.