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(영문) 대전지방법원 2014.07.23 2014노113
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below (eight months of imprisonment, two years of suspended execution) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

Judgment

The crime of this case is a normal situation that committed the crime of obstruction of performance of official duties in order to protect legitimate performance of official duties of the State and to establish sound social order in the present situation where the police officers are under the influence of alcohol and interfere with a police officer’s legitimate performance of duties. At the same time, the defendant already committed the crime of obstruction of performance of official duties in order to protect legitimate performance of official duties of the State and to establish sound social order in order to protect legitimate performance of official duties in the current situation where the police resources of the police officers who are fluencing large number of disorderly civil petitioners are softened that he was sentenced to a fine by assaulting the police officers who damaged another person’s property in the year 201 and restrain the police officers who committed the crime of this case.

However, in full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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