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(영문) 대구지방법원 2018.07.27 2018노525

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, and the community service order80 hours) is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case and reflects the defendant, and that the defendant has no record of punishment exceeding the fine.

However, the interference with the execution of official duties requires severe punishment as an act impeding the legitimate exercise of public authority and impeding the function of the state's legal order.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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.