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(영문) 수원지방법원 2014.12.04 2014노3652
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below is based on the following factors: (a) the Defendant led to the confession of the instant crime when the Defendant was in the trial; and (b) the Defendant did not have any record of being punished for the same kind of crime; (c) however, in order to establish the state’s legal order and eradicate the light of public authority, the obstruction of performance of official duties requires strict punishment; (d) the Defendant does not seem to be against his behavior; and (e) the Defendant does not appear to have agreed with the victim of the instant assault crime; and (e) there is no special circumstance or circumstance that may be considered in sentencing other than the confession of the Defendant after the decision of the court below was made; and (e) the Defendant’s argument is not accepted.

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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