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(영문) 서울중앙지방법원 2013.04.18 2013노352

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s absence of any history of criminal punishment except for a case where the Defendant was sentenced to a fine for a different kind of crime, and the Defendant’s mistake is against himself/herself, the instant crime is committed on the other hand. On the other hand, it is not easy to say that the Defendant’s crime of this case was committed by a police officer who was sent on the street to the same day with sexual expression, sexually explicit to women, and insult, and used violence against a police officer who duly conducts official duties. Furthermore, at the time, the Defendant was a public official’s status that the Defendant shall not engage in any act detrimental to his/her dignity as a servant of all citizens. Furthermore, considering all favorable circumstances for the Defendant, the lower court appears to have determined a punishment by reducing a summary order of KRW 3 million as a servant of all citizens. Considering that the Defendant’s age, character and behavior, environment, motive, motive, means and consequence of the instant crime, as well as circumstances after the crime, etc., the Defendant’s allegation that the sentencing of this case should be too unreasonable and unreasonable.

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.