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(영문) 서울남부지방법원 2013.12.26 2013노1495
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact-finding the Defendant did not assault the police officer, but rather was assaulted by the police officer.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below, in particular, the witness F and D's statement at the court below's court court's original decision, the defendant's body of police officer F who was dispatched to the issue of taxi charges between the defendant and the taxi engineer D on December 13, 2012 and intends to return to the court below on December 13, 2012 is sufficiently recognized, and the defendant's argument for misunderstanding of facts is groundless.

B. In light of the following: (a) there is a need to strictly punish a public official performing official duties for the proper exercise of functions by the State or a public institution to determine the allegation of unfair sentencing; (b) the Defendant, under the influence of alcohol, committed an act of violence against the public official in the military service; (c) the taxi engineer and the police officer dispatched, without any justifiable reason, at the time of the commission; and (d) the police officer, who did not deny the crime up to the trial and did not reflect on the circumstances before and after the commission of the crime; and (e) other factors of sentencing as indicated in the instant argument, such as the method, background, circumstances after the crime, the Defendant’s age and character, and occupation, etc.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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