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(영문) 창원지방법원 2015.11.26 2015노2194
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant recognized his mistake and reflects his mistake, and that the victims do not want the punishment of the defendant by mutual consent.

However, the crime of this case is committed by the defendant obstructing the main business of the victim D, assaulting the police officer G who was dispatched after receiving a report and inflicted bodily injury on G. The heavy issue is the crime of obstructing the performance of official duties. Since the crime of obstructing the performance of official duties is a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority, it is necessary to strictize it. The defendant is sentenced to imprisonment for two years in June due to the crime of inflicting bodily injury on October 30, 2013, and probation, and the above decision was finalized on November 7, 2013. The above decision was made on April 10, 2014 on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.), three years in probation, probation and community service, which were sentenced on April 18, 2014, and the above decision became final and conclusive, and the defendant committed the crime of this case again during the period of probation, which was not subject to a new disposition of prosecution due to assault or assault, circumstances, etc.

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

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