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(영문) 인천지방법원 2015.06.26 2015노1247

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and reflected, and deposited certain money for the pertinent police officer, etc., are favorable circumstances, or the Defendant committed the instant crime despite the period of suspension of the execution of another crime. The instant crime was committed by the police officer dispatched upon receiving a report, thereby obstructing the performance of official duties by assaulting the police officer dispatched, and is disadvantageous to the fact that the nature of the crime is not good.

In full view of all the above circumstances, the lower court appears to have sentenced the Defendant to a fine, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and other circumstances that serve as the conditions for the argument and the sentencing specified in the record of the instant case, including the character, conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., it is deemed reasonable to have sentenced

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.