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(영문) 대구지방법원 2017.07.07 2017노1902

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. A favorable circumstance is that the Defendant, who led to the confession of the instant crime, appears to have committed the instant crime by contingency while under the influence of alcohol, the Defendant must support his wife and children, and his family members complaining of the Defendant’s wife.

However, the crime of this case was committed by the Defendant on February 12, 2015 and was sentenced to one year for a violation of the Punishment of Violences, etc. Act (damage to a group of deadly weapons) at the Daegu District Court on October 20, 2015, and the police officer on patrol discovered and prevented the Defendant from interfering with traffic on a passenger car. The Defendant again committed a crime of obstructing performance of official duties, such as this case, in order to establish the State’s legal order and order and eradicate the light of public authority, it is necessary to punish the crime of this case, and the degree of interference with performance of official duties is not easy, and the Defendant was punished ten times for violence, and in particular, the Defendant again committed a violation of the Act on the Punishment of Violences, etc. (damage to a group of deadly weapons) without being aware of the fact that the execution of the sentence was completed on October 20, 2015 and was sentenced to a fine on one occasion without being aware of the fact that the Defendant again committed the crime of this case, the possibility of a new change of depending on the circumstances or alcohol.

In addition to the above circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, are considered.