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(영문) 서울중앙지방법원 2013.10.31 2013노2884
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are extenuating circumstances, such as the fact that the Defendant had no record of being punished for the obstruction of performance of official duties before the instant case, and that the Defendant has to support the married child, the Defendant’s assertion is not acceptable on the other hand, on the other hand, the crime of using violence against a police officer performing official duties, such as the instant crime, is likely to obstruct the establishment of legal order and thus undermine the authority of the public authority. The degree of violence used by the Defendant cannot be said to be light. In addition, taking into account the following circumstances, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for the argument and sentencing indicated in the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., even if considering all the circumstances alleged as the grounds for appeal, it is unreasonable to the extent that the Defendant’

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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