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(영문) 대구지방법원 2021.01.20 2020노1830
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) on the defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that there is no other criminal history except for a case where the Defendant is led to confession and reflect by the Defendant, and two times of a fine due to drinking driving.

However, in full view of the various circumstances shown in the records and arguments of this case, including the fact that the defendant assaults a police officer in the course of performing official duties, putting him in the patrol window so that he could not drive the patrol vehicle for about 30 minutes, and there is no special change in circumstances that can be sentenced to punishment in the depth of the party, etc., the sentence imposed by the court below against the defendant is not heavy.

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

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