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(영문) 수원지방법원 2015.09.04 2014노1833
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the probation, and the community service order of two hundred hours) declared by the court below is too unreasonable.

2. The following can be considered in light of the circumstances favorable to sentencing: (a) the fact that the Defendant recognized the crime and reflects the fact that he/she supports his/her family with daily work.

However, the Defendant’s offense of obstructing the performance of official duties is not good by insulting the victims who are police officers and directly exercising his/her authority, and thus, it is necessary to strictly see the crimes of obstructing the performance of official duties because they infringe upon legitimate public authority, and there are many criminal offenses committed against the Defendant, and the Defendant has already been sentenced to suspended the execution of imprisonment twice, and other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crimes, etc., are considered as follows: the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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