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(영문) 수원지방법원 2015.04.01 2014노5726
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. The judgment of the defendant is a confession of the crime of this case, and the defendant is a favorable condition to the defendant that he has no previous convictions or criminal records of the same kind.

However, in light of the following circumstances: (a) the police vehicle and the police station after the instant crime, the Defendant took a bath to police officers; (b) did not seem to have an attitude against the police officers, such as “provoking down on the wall, hinging off the wall”; and (c) threatening to seriously punish the offender committing the obstruction of performance of official duties in order to maintain public order and establish a legal order; and (d) other various circumstances, such as the character and conduct, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too 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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