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(영문) 서울중앙지방법원 2015.06.05 2015노608
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. A favorable circumstance is that the Defendant’s confessions in the first instance, and the fact that the security guards witness the site at the time of finding the apartment security room of this case go against his wrongness, such as going through a apology, is favorable.

However, the crime of this case is a case in which a police officer called out after receiving 112 reports in order to shoulder the defendant who was in a apartment corridor while under the influence of alcohol, insulting him, and the nature of the crime is not easy due to the obstruction of performance of official duties due to the scambling of his chest, etc. The crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority. Therefore, it is necessary to impose severe punishment for establishing the national legal order and eradicating the light of the public authority, and the defendant has the record of being sentenced to the suspension of indictment on January 7, 2014, and taking into account all the sentencing conditions shown in the argument of this case, such as the means and result of the crime, the defendant's age, character and conduct, environment, family relationship, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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