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(영문) 창원지방법원 2014.04.24 2013노1089
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. The fact that the judgment defendant agreed with the victim of the crime of interference with business, and that the defendant has a family to support the defendant is favorable to the defendant.

However, in order to protect the legitimate performance of public duties of the State and establish a sound social order, the crime of obstruction of performance of official duties needs to be strict, and the fact that the defendant was punished for the same kind of crime, etc. is disadvantageous to the defendant, and there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, and there is no change in the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances that form the conditions for sentencing specified in the arguments and records of this case, it is not recognized that the sentence imposed by the lower court is too unreasonable

Therefore, the defendant's assertion is not accepted.

3. Conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, it is clear that the 3th page 4 and 5 of the judgment of the court below are erroneous statements, and thus ex officio deletion is made in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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