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(영문) 광주지방법원 2014.12.18 2014노2344

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The facts that the Defendant appears to recognize and reflect the instant crime, etc. However, the instant crime was committed by the Defendant while under the influence of alcohol 0.166%, and the Defendant’s driving of the instant crime was also used by the police officer who controlled it. Such crime is necessary to be operated strictly because it harms the authority of public authority and impedes the establishment of legal order. The Defendant has already been punished several times for the same crime. In particular, on January 19, 201, the Defendant committed the instant crime even if he was sentenced to a suspended sentence of one year and six months by imprisonment with prison labor for obstruction of performance of official duties at the Gwangju District Court, which became final and conclusive on January 19, 201, and the suspended sentence became final and conclusive. In full view of the Defendant’s age, character and environment, the background and consequence of the instant crime, the circumstances of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be unreasonable. Therefore, the aforementioned Defendant’s assertion is without merit.

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

(However, the part of the "one year and three months of imprisonment" in the third page of the judgment of the court below is clear that the "one year and six months of imprisonment" is a clerical error in the "one year and six months of imprisonment", and it is corrected in accordance with Article 25 (1) of the