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(영문) 대구고등법원 2012.11.15 2012노493

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The Defendant recognized the crime and repented the mistake.

Since the defendant suffered a traffic accident in 1993, the health of the defendant is not good.

The family members of the defendant want to take the action against the defendant.

Such circumstances are favorable to the defendant.

However, the defendant has been sentenced to a fine and a sentence of a punishment on several occasions due to the crime of drinking driving and driving without a license and the escape after a traffic accident.

In particular, the crime of this case is committed in 2 years and 4 months after imprisonment with prison labor for the violation of the Road Traffic Act (Refusal of measurement) in 2009 and the execution of the sentence is completed.

When the Defendant crackdowns on drinking and unlicensed driving of the instant case, the Defendant continued to drive more than 10 minutes to avoid this, went away, and assaulted the police officer who tried to arrest him as a flagrant offender, thereby committing an obstruction of performance of official duties.

Since such a crime was committed with the high risk of danger and the nature of the crime is not good, it is necessary to punish the defendant strictly.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of 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.