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(영문) 대전지방법원 2015.08.13 2015노1416
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the court below on the defendant is too unreasonable.

2. The fact that the defendant is against the crime of this case is favorable to the defendant, however, the crime of obstruction of performance of official duties requires strict punishment as a crime prejudicial to the State's function by nullifying a legitimate exercise of public authority. There are no particular circumstances or changes in circumstances that may reduce the sentence of the court below in the trial. The scope of the sentencing guidelines enacted by the Sentencing Committee of the Supreme Court is limited to the crimes of obstruction of official duties, the first category of crimes of obstruction of official duties, the first category of the crimes of obstruction of official duties (performance of official duties/performance of official duties), the decision of the recommended field (basic area), the scope of the recommended sentence (one year to one year), and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, before and after the crime. Thus, the defendant's assertion of unfair sentencing is without merit.

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

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