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(영문) 서울중앙지방법원 2014.10.16 2014노2905
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court’s sentencing (a fine of two million won) is too unreasonable.

2. The Defendant is the first offender who judged the grounds for appeal, and the Defendant is committing the instant crime, and his mistake has been repented in depth while making a confession.

However, in order to protect the legitimate performance of official duties of the state and to establish a sound social order, it is necessary to strictize the obstruction of performance of official duties.

Although a summary order of a fine of KRW 3 million was issued, the court below sentenced a fine of KRW 2 million in consideration of the favorable circumstances for the defendant, and there is no special circumstance or change that can be newly considered in sentencing after the sentence of the court below.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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