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(영문) 대구지방법원 2016.10.28 2016노2385

특수공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, and eight hours of community service) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, and there is no past record of punishment heavier than the fine.

However, the crime of this case is a very rough and bad crime that threatens a police officer, who is dangerous to the defendant, to interfere with the performance of official duties by threatening him as a knife, and is in need of strict punishment in consideration of the recent public power, considering the fact that the defendant has been punished as violent crime, that there is no record of being punished as violent crime, that there is no change of circumstances that make the judgment of the court below and the punishment differently, and that there is no change of circumstances that the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the range of recommended sentencing guidelines established by the Sentencing Committee, such as the circumstances after the crime, etc., it is not recognized that the court below's punishment is unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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