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(영문) 대구지방법원 2019.07.05 2019노1791

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, the degree of violence is not serious, the defendant received a letter from the damaged police officer, there is a family member to support the defendant, and the defendant's will want to leave the front.

However, among the instant cases, the crime of obstruction of performance of official duties was obstructed by the Defendant’s legitimate execution of duties by police officers, and the nature of the crime is heavy, and the Defendant has already been punished more than four times due to his refusal of measurement of drinking alcohol driving, and the Defendant has already been punished more than four times due to his refusal of measurement.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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