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(영문) 의정부지방법원 2016.08.09 2016노1189

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of various circumstances, such as the Defendant’s age, background, and circumstance after the crime, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, as seen earlier, considering the following: (a) the nature of the crime is not very good; (b) the obstruction of the performance of official duties is a crime detrimental to the State’s function by nullifyinging a legitimate exercise of public authority; (c) the victim did not agree with the victim; and (d) the victim did not recover from damage; and (e) the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, criminal background, and circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

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