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(영문) 대구지방법원 2017.04.13 2016노4437
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is unreasonable because it is too unreasonable to punish the punishment (two years of suspended sentence in six months of imprisonment, observation of protection, and 80 hours of community service).

2. The lower court rendered the above sentence in consideration of the circumstances favorable to the Defendant’s reflectivity, and the fact that the Defendant had no previous conviction or more than a suspended sentence, etc., under the circumstances unfavorable to the Defendant’s previous convictions such as interference with the performance of official duties.

The Defendant had already been sentenced two times to a fine due to a crime of interference with the performance of official duties, and committed the instant crime even if he was sentenced five times due to an violent criminal record. In full view of the Defendant’s age, sex, environment, health, circumstances leading to a crime, means and consequence, scale of the crime, circumstances after the crime, etc., which can be known through records and pleadings, the lower court appears to have been sentenced to a reasonable punishment, but the lower court’s judgment of sentencing exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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