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(영문) 서울남부지방법원 2016.07.08 2015노2067
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is as follows: (a) the Defendant, while under the influence of alcohol, committed the instant crime by misunderstanding the police officers who restrain C, who were under the influence of alcohol, thereby committing the instant crime; (b) the degree of assault is relatively minor; (c) the Defendant was a primary offender; (d) made efforts to recover damage; and (e) made efforts to perform an important role for more than four years to advance into the Chinese market in Bangladesh Co., Ltd.; and (e) if the Defendant is unable to stay in Korea due to the instant case, there is a risk of enormous damage to the said company, the punishment imposed by the lower court (3 million won) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the crime of interference with the performance of official duties requires strict punishment to establish public authority and legal order; most of the circumstances alleged by the Defendant are already reflected in the sentencing of the lower court; in light of the facts alleged by the Defendant in the first instance court, it is unclear whether the Defendant’s substance or joint venture with the Chinese company is underway; and other factors indicated in the instant case such as equity in dealing with the case involving interference with the performance of official duties and punishment; the Defendant’s age, character, behavior; intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and circumstances after the crime, etc., the lower court’s sentencing does not seem to be unreasonable because it excessively exceeds the reasonable scope of discretion.

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

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