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(영문) 대구지방법원 2013.07.19 2013노449
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (7 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession and reply to the instant crime, and the absence of the same kind of force, the Defendant committed the instant crime even during the suspended execution period due to the instant crime, and even during the suspended execution period due to the instant crime, the Defendant committed the instant crime, and not only committed the instant crime, but also committed the instant crime, such as assault and bodily injury, etc., and, other crimes, the Defendant has been presumed to have been punished several times except for the instant crime, and health care units, the Defendant has been presumed to have been punished by the force of punishment for the entire society, and the Defendant appears to have already determined the punishment like the judgment of the court below by taking into account the favorable circumstances of the Defendant, and other factors such as the Defendant’s age, character and behavior, environment, and motive and circumstance leading to the instant crime, its means and consequence, and the circumstances after the crime, etc., the Defendant’s aforementioned assertion is not reasonable, as it 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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