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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2014.04.24 2013노2449
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the gist of the grounds for appeal is confession and reflects by the defendant, that the defendant agreed with I among the police officers who assaulted by the defendant, and that the defendant's economic condition is not good, the punishment imposed by the court below (one million won of fine) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was committed by assaulting a police officer I and J, who arrested a flagrant offender A as a crime of obstruction of performance of official duties and was carrying aboard the patrol boat on the patrol boat, and thus obstructing the police officer’s legitimate performance of duties. The crime of obstruction of performance of official duties is not good, in order to establish the State’s legal order and eradicate the light of public authority, it is necessary to strictly punish the Defendant’s crime of obstruction of official duties. The lower court appears to have determined a sentence against the Defendant by taking full account of the circumstances agreed with I among the victimized police officers, etc. The lower court appears to have determined the Defendant by taking full account of the following: (a) there was no special relation or change of circumstances; (b) there was no other special relation or circumstance to be newly considered in the trial; (c) the Defendant’s character, conduct and environment; (d) the background and result of the instant crime; and (e) the circumstances after the crime, etc., the above Defendant’s assertion is unreasonable, and thus, is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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