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(영문) 수원지방법원 2019.07.18 2019노994
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. Recognizing that the Defendant appears to have come to commit the instant crime in a somewhat contingent condition while under the influence of alcohol, such circumstances as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, the Defendant did not have any history of punishment in the Republic of Korea, and the Defendant should support his family, it appears that this was already considered in the sentencing of the lower court.

In addition, in full view of the circumstances such as the fact that the Defendant was arrested as an offender in the act of committing the crime of this case by reporting the fact that the Defendant was arrested as an offender in the act of crime and obstructing the legitimate performance of official duties by assaulting the police officer. In light of the method and content of the crime, the nature of the crime is bad in light of the law and content of the crime, and the obstruction of performance of official duties by neglecting public authority is required to be strictly punished, and other circumstances of sentencing as indicated in the argument of this case, including equity in sentencing and sentencing with the same and similar cases of the same and similar type, and other factors of sentencing, including the Defendant’s age, character and conduct

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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