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(영문) 서울남부지방법원 2013.09.12 2013노977
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (two million won of fine) imposed by the court below is too unreasonable.

Therefore, there are extenuating circumstances to consider the defendant, such as the following: (a) the defendant is scambling in depth the crime of this case; and (b) the defendant has no power to commit a crime.

On the other hand, however, in full view of the following circumstances: (a) the Defendant’s act of assaulting the police officer called out after receiving the 112 report and interfered with his legitimate execution of duties; (b) the nature of the offense, such as taking a bath or intimidation to the police officer even after the Defendant was arrested as an flagrant offender and transferred to the D district of the Gangseo Police Station; (c) the lower court sentenced the Defendant to a fine of KRW 2 million, which has been partially reduced by a fine of KRW 3 million under a summary order in consideration of the circumstances favorable to the Defendant; and (d) there is no special change in circumstances or circumstances that may be considered for sentencing; and (e) other various circumstances that form the conditions for the argument and sentencing of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the offense; and (e) considering all the circumstances asserted by the Defendant as the grounds for appeal, it is not deemed unreasonable to the extent that the Defendant’s sentence imposed by

Therefore, the defendant's assertion is without merit.

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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