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(영문) 광주지방법원 2016.08.24 2016노13

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution, two years of protection observation, and two hundred hours of community service order for the period of imprisonment for eight months) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake and reflected his mistake, and that the Defendant agreed with the victimized police officers.

On the other hand, the court below also decided a punishment in consideration of such favorable circumstances, and there is no good character of the crime such as obstructing the performance of official duties by assaulting the police officers dispatched by the defendant upon receiving a report on driving under drinking, obstructing the performance of duties by them, and taking into consideration the fact that there is a record of being punished for suspended execution of the same crime, and other various sentencing conditions in the arguments of this case such as the background of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior and environment, and the result of the application of sentencing guidelines by the sentencing committee of the Supreme Court, since the above argument by the defendant is not recognized to be unfair because it is too 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.