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(영문) 의정부지방법원 2014.12.05 2014노1255
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The crime of this case committed by the Defendant, under the influence of alcohol, was committed by assaulting a police officer while taking a bath against a taxi engineer who was called out after receiving a report on his success. In light of the circumstances and the form of the act, etc., the crime of obstruction of performance of official duties in order to establish the State’s legal order and eradicate the light of public authority, there is a need for strict punishment for the crime of this case’s crime of obstruction of official duties. In full view of all other circumstances, such as the Defendant’s age, character and conduct, the background and contents leading to the instant crime, and circumstances leading to the instant crime, etc., the sentence of the lower court cannot be deemed unfair because it is excessively unreasonable.

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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