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(영문) 대구지방법원 2019.08.20 2019노2057
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant recognizes his mistake and reflects his fault.

The defendant seems to have committed the instant crime in a somewhat contingent manner while under the influence of alcohol.

The defendant shall support the wife of a crypted disease and his/her father and wife.

These points are favorable to the defendant.

On the other hand, the crime of this case is committed by a police officer who was dispatched by the defendant as the victim's report, and the nature of the crime is bad.

The defendant has been punished several times for the crime of obstruction of performance of official duties, etc., and the defendant has committed the crime of this case on five days after the completion of the execution of punishment due to the crime of violation of the Act on the Control of Narcotics, etc.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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