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(영문) 대구지방법원 2015.01.30 2014노2525
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor; two years of suspended execution in August; 40 hours of community service) imposed by the lower court is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and reflects his mistake through a prison life for about forty (40) days, the police officer F and the defendant agreed to do so. The degree of assault, which is the means of obstruction of the performance of official duties, is relatively minor, and the defendant has no criminal record of the same kind.

However, the Defendant interfered with the performance of official duties by assaulting the police officer F from the police officer from the control of alcoholic beverages in singing out upon receiving a report to seize evidence, etc. The nature of the crime is not good. In order to establish the state's legal order and eradicate the light of public authority, the crime of obstruction of performance of official duties needs to be strictly punished, and the Defendant has several criminal records before several times. In addition, in full view of the Defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable.

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

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