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(영문) 창원지방법원 2020.05.07 2019노2174
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Defendant recognized and reflected the instant crime.

There is no record of crime and there is no record of punishment heavier than fine.

However, in order to protect the legitimate function of the state and to establish a sound social order, strict punishment is required for the obstruction of performance of official duties, and the defendant has exercised the direct tangible power on the body of the police officers called out after receiving a report that he has failed to carry out his happiness while under the influence of alcohol.

The victims have been punished for the defendant.

In addition, in full view of the following facts: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime committed, various conditions of sentencing as shown in the instant records and pleadings, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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