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(영문) 대구지방법원 2016.12.16 2016노500

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below was sentenced to five years of imprisonment on August 28, 2009 for the crime of this case, the Defendant agreed with the victim H to the crime of injury committed on April 25, 2014, and agreed with the victim G to the crime of injury committed on June 24, 2014. Although the victim G did not want to be punished for the crime of injury committed on June 24, 2014, the crime of obstruction of performance of official duties requires strict punishment in order to establish the state law and order and eradicate public peace, and the Defendant did not seem to have any special reasons for the crime of this case such as violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (the minor rape, etc. under the age of 13). The Defendant committed the crime of this case more than two months after being released from the court below while the execution of the sentence was completed, and there are no other extenuating circumstances such as the Defendant’s new motive or circumstance that there was no changes in circumstances that were less unfavorable to the Defendant’s punishment.

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