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(영문) 창원지방법원 2015.08.12 2015노1013
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (7 million won of a fine) imposed by the lower court is excessively unreasonable.

2. Although there are favorable circumstances such as the confession and rebuttal of the defendant, the fact that the defendant made an agreement with the victimized police officer, the defendant has been punished several times in the past due to violence-related crimes or obstruction of performance of official duties, and the defendant again committed the crime of this case even during the suspension of execution period, and there is a need for strict punishment for the crime of the same kind as the crime of obstruction of official duties even in order to establish the national legal order and eradicate the public peace. Despite the necessity of the above previous conviction and severe punishment, the court below sentenced the judgment of the court below after sufficiently considering the favorable circumstances such as the defendant's favorable circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and there are no special reasons to change the sentencing after the judgment of the court below, it cannot be deemed that the punishment imposed by the court below is unreasonable because it is too excessive.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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