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(영문) 대구지방법원 2018.05.18 2018노908
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected his mistake, and that the Defendant did not repeat the crime.

On the other hand, the instant case is an unfavorable circumstance where a police officer, who deals with a separate reported case, was sentenced to 8 months of imprisonment on July 14, 2017 and was sentenced to 8 months of imprisonment on October 18, 2017, for the following reasons: (a) the nature of the instant crime is not good; (b) the victim police officers did not receive a letter from the police officers; (c) the State’s legal order and order are established; and (d) the crime of obstructing the performance of official duties, such as the instant case, requires strict punishment; and (b) the Defendant committed the instant crime only in one month without being aware of the completion of the sentence, even if the execution of the sentence was completed; and (c) the Defendant committed the instant crime on October 18, 2017.

In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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