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(영문) 서울중앙지방법원 2014.04.24 2014노247
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 1.2 million won) of the lower court’s sentencing (i.e., 1.2 million won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes of this case, and his mistake is repented in depth, that the Defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment, that the Defendant has in an economically unsured wife, and that he actively participated in volunteer activities for the elderly and the disabled.

However, in order to protect legitimate performance of official duties and to establish sound social order, there is a need for strict punishment of obstruction of performance of official duties; the court below issued a summary order of KRW 1.5 million; however, the court below sentenced a fine of KRW 1.2 million in consideration of the circumstances favorable to the defendant; however, there is no change in the circumstances or circumstances that may be newly considered in sentencing after the court below sentenced the court below; and in full view of various other circumstances that are conditions for sentencing as shown in the arguments and records of this case, including the defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and circumstances after the crime was committed, it is not recognized that the sentence imposed by the court below is too unreasonable

3. Conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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