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(영문) 서울남부지방법원 2015.12.03 2015노994
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the Defendant’s mistake is against himself/herself, and the Defendant’s economic condition is not good, and the Defendant’s family’s living expenses and hospital expenses should be borne; and (b) the Defendant’s punishment (three million won of fine) imposed by the lower court is too unreasonable.

2. The judgment of the court below shows the attitude of reflecting the defendant's misunderstanding, but the crime of this case was committed against the police officer who was dispatched after 112 report that the defendant's mother prevents the defendant's attempt to drive under the influence of alcohol, and the possibility of criticism is not weak, and there is a need to strictly punish the crime of obstruction of performance of official duties to eradicate the light of public authority. Considering the various circumstances, the method and form of the crime, the degree of the act, the degree of damage, the circumstances after the crime, the records and arguments of this case, such as the defendant's past punishment, the defendant's age, environment, and character and conduct, even if considering the circumstances asserted as the grounds for appeal, the punishment of the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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