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(영문) 서울남부지방법원 2015.07.17 2014노2101
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination of the grounds for appeal is favorable to the following: (a) the Defendant fully recognized his/her crime and is in profoundly against his/her depth; (b) the Defendant has no record of being punished for the same kind of crime; and (c) there is no record of other crime except

However, the Defendant interfered with police officers' performance of duties concerning handling the 112 Reporting Cases. In order to block the danger of public authority and create a social atmosphere that respects the law and principles, the Defendant’s strict punishment of obstruction of performance of official duties is required, and there is no change in circumstances to consider the sentencing after the judgment below, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence resulting from each of the instant crimes, and the motive, means and consequence leading to each of the instant crimes, which are conditions for sentencing stipulated in Article 51 of the Criminal Act as stated in the records and arguments, such as the circumstances after the crime, are too unreasonable.

Therefore, the defendant's above assertion 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.

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