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(영문) 대구지방법원 2014.05.02 2013노2288
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. The judgment is a favorable condition that the defendant led to the confession and reflect of the crime of this case, and that the defendant has no record of criminal punishment. However, the statutory penalty for the crime of obstruction of performance of official duties is imprisonment with prison labor for not more than five years or a fine not exceeding 10 million won, and the prosecution requested a summary order of 2 million won for the crime of this case, but the court below seems to have sentenced a fine of 1.5 million won in consideration of the above favorable circumstances of the defendant, although the defendant was sentenced to a fine in accordance with the personnel regulations of the company where the defendant is working, it is difficult to view that the impact on the defendant differs depending on the amount, and considering the defendant's age, character and conduct, environment, the means and method of the crime of this case, and the motive for the crime of obstruction of official duties, the defendant's assertion cannot be deemed to be unreasonable because the

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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