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(영문) 청주지방법원 2015.05.15 2014노1330

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and one hundred and twenty hours of community service) declared by the court below is too unreasonable.

2. The Defendant seems to have recognized the instant crime and divided his mistake.

In addition, the defendant has no record of punishment of suspended execution or more until now.

In addition, the fact that the defendant supports the elderly parents, and even though it was done, the fact that the victimized police officer did not have any particular injury due to the crime of this case is a situation that can be considered favorable to the defendant.

However, the crime of this case was committed by the Defendant, while under the influence of alcohol, and committed an assault, such as taking a bath against the police officer who was in uniform while entering the police station, and smugglinging the chest, and the punishment of the unlawful act is not weak.

Furthermore, in full view of the following circumstances: (a) the Defendant has the power to punish fines for the same kind of crime in around 2009; (b) the Defendant has yet to reach an agreement with the victimized Police Officers; (c) the circumstances favorable to the Defendant appears to have been reflected in the sentencing; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the crime; and (d) other circumstances that are the conditions of the sentencing, such as the circumstances after the crime,

The defendant's ground of appeal cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.