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(영문) 서울서부지방법원 2014.09.30 2014노1040
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (five million won of a fine).

2. The circumstances favorable to the defendant are as follows: (a) the defendant led to the confession of the crime while committing the crime; (b) the defendant committed contingent crimes under the influence of alcohol; (c) the landscape of the harm was not at risk; (d) there was no same kind of power and only one fine; and (e) there is no dependent and there is no sufficient economic situation.

However, considering the fact that the crime of this case was committed by the defendant who assaults the static landscape in the course of performing his duties, and the nature of the crime is not light, and the landscape of damage wants to be punished by the defendant, there is no change of circumstances that may be particularly considered in the trial, and other various factors of sentencing as shown in the argument of this case, such as the background of the crime of this case, the age and character of the defendant, the sentence of the court below against the defendant is appropriate.

3. Therefore, 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 groundless. It is so decided as per Disposition

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