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(영문) 창원지방법원 2015.01.21 2014노2309
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case, under the influence of alcohol, by finding the Defendant’s sound at the ero-dong community service center, and obstructing the Defendant’s legitimate performance of official duties, such as flabing and sculing d’s flaps, which is a public official belonging to the above community service center. The Defendant recognized the crime of this case and against the mistake. The Defendant requested the above community service center to confirm that the neighbor’s lawsuit was damaged and that the neighbor’s lawsuit was damaged, and even if the public official in charge did not take it, it appears to have committed the crime of this case, and D sought the Defendant’s wife against the Defendant (the page 21 of the trial record).

However, in light of the fact that the crime of obstruction of performance of official duties is a violation of legitimate public authority and thus requires strict punishment; the court below appears to have determined punishment by fully considering the circumstances favorable to the defendant; and there is no change of circumstances that may vary from the original judgment and the punishment; the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court (the scope of punishment for obstruction of performance of official duties: between June and April) and the defendant's age, character and behavior, environment, background, means and consequence of the crime; and other circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below 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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