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(영문) 서울서부지방법원 2015.05.14 2014노1684
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unaffortable and unfair, and the prosecutor argues that it is too unaffortable and unfair.

2. The crime of obstruction of the performance of official duties is an offense detrimental to the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the crime. The Defendant committed an assault against the police officers dispatched to the scene by putting in uniform and thus the nature of the offense is disadvantageous to the Defendant

However, in light of the fact that the defendant led to the confession of the crime, and without criminal records, the defendant suffered from a new disease for a long time, and after the crime of this case, the fact that there are circumstances that can be considered in light of the circumstance, such as the circumstance leading to the crime of this case in a state of mental anxiety, by contingent state, is favorable to the defendant.

In addition, considering the motive of the crime, the circumstances after the crime, the degree of damage, the age, character and conduct, environment, and family relationship of the defendant, the punishment of the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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