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(영문) 대전지방법원 2015.05.21 2015노766

공무집행방해등

Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (6 months of imprisonment) by the lower court is too unreasonable.

B. The court below’s sentence (e.g., e., e., g., e., e.,

2. The judgment is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant, even a police officer who performs official duties, insulting the police officer, obstructing his legitimate performance of his duties by using violence; (b) the responsibility for such crime was grave; (c) the establishment of the State’s legal order and the public authority to eradicate the light of the public power; (d) the Defendant’s commission of obstruction of performance of official duties is in need of strict punishment; and (e) the Defendant’s history of punishing the crime of violence is three times (one time, two times, and two times); (c) there was no effort to recover the victims’ damage; (d) the Defendant has exercised violence in order to comply with the victim’s wrong behavior; and (e) the Defendant has expressed his intent to comply with the legal order or intent to amend his law, such as making a statement that he would be detained if he

However, in light of the following factors: (a) the defendant assaulted the victim C with C and Si expenses; (b) the police officer appears not to have been injured by the defendant's assault; (c) there is old age that the defendant needs to support; (d) various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (e) the scope of the recommended sentence according to the Supreme Court sentencing guidelines for each of the crimes of this case: Crimes of Obstruction of Performance of Official Duties; (c) Types 1 (Obstruction of Performance/Compulsory Performance of Duties); (d) Special type of obstruction of Performance of Official Duties; (e) Decision on the recommended area; (e) Types 1 (General Violence); (g) Specific type of Violence; (v) Decision on the recommended area; (v) Decision on the recommended area; and (v) the sentencing range (two to October): 6 months or more.