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(영문) 서울북부지방법원 2020.12.11 2020노1163
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and two hundred hours of community service order) declared by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of obstruction of performance of official duties needs to be avoided legitimate exercise of public authority and be strict as an act detrimental to the function of the state’s legal order.

In full view of the circumstances favorable to the defendant (the fact that the defendant recognized his responsibility for the crime of this case, the fact that there is no record of criminal punishment for the same kind of crime), unfavorable circumstances (the crime of this case has been called to the scene after receiving a report on the theft suspicion against the defendant and having been tried to confirm the details and circumstances of the act, despite the police officer's control, the defendant continued to act as a threat to the defendant and has exercised the force to the police officer during the process of arresting the theft suspicion, and the nature of the crime is poor), other circumstances, such as the defendant's age, character, character, environment, circumstances, criminal history, method and degree of exercising the force, criminal records, and the circumstances after the crime of this case, which are the conditions for the punishment specified in the records and arguments of this case, and sentencing guidelines for the crime of obstruction of performance of official duties (the selection of basic area, recommendation type: imprisonment from June to June) cannot be deemed unfair.

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

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