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(영문) 서울동부지방법원 2014.11.07 2014노1142
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (three million won of fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Each of the crimes of this case is an obstacle to the performance of official duties by a police officer D who was dispatched by the defendant after receiving a report from a taxi engineer who does not pay a taxi fee. The nature and circumstances of each of the crimes of this case are not good, and the defendant has been punished several times due to violent crimes (one time of suspended sentence, a majority of fines). Nevertheless, there are no previous records that the defendant has been punished several times due to such violent crimes, which are disadvantageous to the defendant, such as restoration of damage to the police officer or failure to be used, and the defendant's depth and reflects his mistake, and is economically difficult due to a certain occupation without a certain occupation. The defendant appears to have committed the crime of this case by drunking, and the degree of damage therefrom is relatively minor, other favorable circumstances such as the motive, means and result of each of the crimes of this case, the circumstances after the crime, the defendant's age, character and behavior, intelligence, environment, family relation, etc., the defendant and prosecutor's allegation in all of the above grounds cannot be justified.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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