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(영문) 서울동부지방법원 2012.12.06 2012노1018
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 2.5 million won) of the lower court is excessively unreasonable.

2. It is recognized that the Defendant’s mistake against himself/herself, and expressed that he/she was not a riot police officer after the commission of the crime, and that there was no record of criminal punishment in addition to the suspension of indictment twice.

However, in order to establish the state’s legal order and eradicate the danger of the public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties, such as the instant case, and the crime of this case that interfered with the performance of official duties by assaulting the riot police officer who works for a police station, without any particular reason due to the state of his taking advantage of the circumstances and contents of the crime, etc., are deemed to be inferior and highly likely to be subject to criticism. The favorable circumstances as seen above appear to be sufficiently taken into consideration in sentencing at the court below, and there is no change of circumstances that may differ from the court below and the court below, and all the conditions of sentencing as shown in the records and arguments, such as the defendant’s age, character and conduct, and circumstances leading to the crime, are considered to be inappropriate

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

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