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(영문) 대구지방법원 2014.08.28 2014노1998
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized all of the crimes and reflected in the judgment, and the defendant committed the crime of this case by contingency under the influence of alcohol is favorable to the defendant.

However, the following are the circumstances that are unfavorable to the defendant: (a) when the defendant takes advantage of the victim C who manages convenience points on the ground that the defendant is infinite; (b) when taking care of the police officer upon receiving a report, spiting the faces, etc.; (c) the nature of the crime of this case is not good; (d) the punishment of a fine is imposed due to violent acts; and (e) the police officer and the victim wished to punish the defendant.

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relationship, Defendant’s character and conduct, environment, circumstances surrounding each of the instant crimes, and circumstances after the commission of the crime, the lower court appears to have taken into account most favorable circumstances, and there is no change of circumstances that would vary from the lower court.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. As such, 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.

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