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(영문) 광주지방법원 2019.01.31 2018노3579
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.

2. The judgment is favorable to the defendant that the defendant reflects his mistake, that the defendant deposited one million won for the damaged police officer, and that the damaged police officer does not want the punishment against the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The crime of this case is not likely to obstruct the execution of duties by assaulting a police officer who was dispatched after receiving a report during the period of punishment for trial expenses due to drinking alcohol at the main place of the defendant and paying the drinking value.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

The defendant has a record of being punished for a number of crimes of violence, etc., and is punished for obstruction of performance of official duties.

In addition, on June 28, 2017, the Defendant was sentenced to 6 months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 2 years of suspended execution, and again committed the instant crime without being aware of it during the grace period.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, environment, etc., and various sentencing conditions shown in the instant records and pleadings, the lower court’s punishment is too unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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