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(영문) 대전지방법원 2018.11.29 2018노1520

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: The punishment sentenced by the court below (eight months of imprisonment, two years of suspended execution, observation of protection, community service) is too unreasonable.

2. The act of obstructing the performance of official duties by police officers, such as the crime of this case, committed a crime of this case, committed tangible and intangible damage to many citizens by causing them to waste police manpower who should be properly used for maintaining public order and providing public services, etc., which requires strict legal responsibilities, and the defendant has already been subject to criminal punishment and multiple juvenile protective disposition due to the crime of injury, and the defendant's attitude and criminal history, etc., the defendant's awareness of compliance and the risk of repeating a crime is high due to very weak punishment and punishment risk.

In full view of the Defendant’s age, sex, environment, motive and means of committing the instant crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances before and after committing the instant crime, even if considering the fact that the Defendant recognized the instant crime as favorable to the Defendant, the punishment imposed by the lower court is too heavy, even in light of the circumstances favorable to the Defendant.

shall not be deemed to exist.

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.