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(영문) 춘천지방법원 2015.06.03 2015노223
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) took into account the fact that he/she would live a new life with his/her spouse; (c) there is a physical disability Grade 5; (d) however, the crime of obstruction of performance of official duties requires severe punishment as a crime that undermines the function of the State by nullifyinging a legitimate exercise of public authority; (b) the crime of this case is not deemed to have been committed by the Defendant under the influence of alcohol and causing assault to a police officer; (c) the Defendant has been punished several times, including a suspended sentence of imprisonment due to the same crime; and (d) taking into account the motive and background leading up to the instant crime; (e) the Defendant’s age and character after the commission of the crime; and (e) other various sentencing conditions indicated in the records, such as the Defendant’s age, character, and environment, the above argument by the lower court is 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.

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