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(영문) 의정부지방법원 2014.10.08 2014노482

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. We examine the judgment, and there are favorable circumstances for the defendant such as the confession of each of the crimes of this case and the statement that the defendant is repenting of it. However, there are three times criminal records due to drinking driving and violent crimes. Each of the crimes of this case is committed against the defendant, such as the defendant's failure to take a drinking test without justifiable reasons, and the defendant's refusal to take a drinking test is bad, and the police officer, who is the other party to the crime of obstruction of performance of official duties, wishes to punish the defendant.

Considering the above circumstances and the circumstances favorable to the defendant, the court below sentenced to a fine of five million won, which is the lowest sentencing range, and there is no special change in circumstances that the above punishment should be changed in the court below, and considering the defendant's age, character and conduct, intelligence and environment, motive, circumstances, means and result of the crime of this case, circumstances after the crime, criminal records, family relations, etc., the sentence imposed by the court below is reasonable and unreasonable. Thus, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.