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(영문) 대구지방법원 2015.05.28 2014노2892
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is a favorable condition to the Defendant that acknowledges the instant crime and reflects the mistake, and that there was no previous conviction exceeding the fine.

On the other hand, in light of the form, degree, etc. of obstruction of the performance of official duties, there is a need to strictly punish the act of obstruction of the performance of official duties in order to establish the state's legal order and eradicate the light of public authority, and the fact that the defendant has been punished several times of violent crimes is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, and the circumstances and result of the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s above assertion is without merit.

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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