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(영문) 대구지방법원 2015.07.23 2014노3497
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) of the lower court against the Defendant is too unreasonable.

2. The judgment of the Defendant is that the Defendant recognized the instant crime, that is, contingent crimes, not severe damage, and that the victimized police officer wanted to take the Defendant’s seat, and that the Defendant is the primary offender is favorable to the Defendant.

On the other hand, in order to establish the state's legal order and eradicate the light of the public authority, it is necessary to strictly punish the obstruction of the performance of official duties. The crime of this case is committed while being investigated by the assault case that occurred between the defendant's dynamics, and the nature of the crime is not good. In light of the party's statement in court, it is doubtful that the defendant's mistake is seriously against the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too inappropriate and inappropriate. Thus, the Defendant’s above assertion

3. In conclusion, the defendant's appeal of this case 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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