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(영문) 서울동부지방법원 2016.04.27 2015노1701

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below (the penalty amount of KRW 3,00,000) imposed on the defendant is too unreasonable in light of the fact that the defendant committed the crime of this case under the custody of the defendant and the damaged police officer also sought the maximum preference.

In full view of all the above circumstances alleged by the defense counsel, the sentence of the court below seems to have been determined in light of the above circumstances. The crime of obstructing the performance of official duties is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and there is a need to strictly punish such a crime. In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, 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.