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(영문) 대전지방법원 2017.06.28 2017노1055

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant actively endeavored to recover damage by depositing KRW 1 million for the police officer G; and (c) the police officer G and the family members of the Defendant wanting to leave the Defendant’s wife against the Defendant.

However, without any particular reason, the Defendant committed the instant crime against the Defendant, i.e., assaulting a police officer’s face, continuing to walk his/her mouths, such as taking a handout of his/her beam, and thus bad quality of such crime, and having the same criminal history as the Defendant, and committing the instant crime without being aware of it during the period of repeated offense due to the instant crime.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions indicated in the previous theory, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.