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(영문) 대구지방법원 2016.08.26 2016노2275
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged in this case and reflects his mistake, and that a sentence should be imposed in consideration of equity with the case where the first head of the crime in which the judgment became final and conclusive at the same time is to be judged, but there is a need to strictize interference with the performance of official duties in order to protect the country's legitimate performance of duties and establish a sound social order. The defendant who committed the crime in this case without being aware at all during the appellate trial due to the crime that interfered with the performance of official duties as stated in the first head of the crime in the judgment of the court below, and there is no special change of circumstances that could change the sentence of the court below after the sentence of the judgment of the court below, and considering all the sentencing conditions as shown in the records and arguments of this case such as the defendant's age, sex, environment, family relations, etc., it is not recognized that the punishment of the court below is unfair because it is too inappropriate. Thus, the defendant's assertion is without merit.

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

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