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(영문) 수원지방법원 2014.07.17 2014노1893
공무집행방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too unreasonable.

2. Although considering the fact that the Defendants led to the confession of and reflect on the instant crime, the crime of obstruction of the performance of official duties needs to be strictly punished in order to establish the state’s legal order and eradicate the light of public authority. In full view of the circumstances favorable to the Defendants, including the fact that the lower court was already prior to the sentence of a fine more than the fine of a summary order (4 million won) in consideration of the circumstances favorable to the Defendants, the economic condition of the Defendants, etc., as well as the fact that the lower court’s sentence appears to be appropriate, and thus, the Defendants’ assertion is rejected.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term “the choice of fines,” which applies to the laws and regulations of the court below, shall be deleted, and Articles 40, 50, and 50 of the Criminal Procedure Act shall apply to the second and third concurrent crimes;

1. If selection of a selective fine is added, rectification shall be made;

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