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(영문) 대구지방법원 2015.11.27 2015노3948
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. Although the crime of this case is under the influence of alcohol and under the influence of alcohol, the crime of obstruction of performance of official duties as in this case requires strict punishment in order to establish the legal order of the State and eradicate public peace, the crime of this case does not reach an agreement with the victimized police officer. Meanwhile, the defendant led to the confession of the crime of this case; the degree of injury suffered by the victimized police officer is relatively minor; the defendant deposited KRW 500,00 for the victimized police officer; there is no record of criminal punishment exceeding the previous and the previous punishment; the defendant's family members and the branch of the defendant's family members wish to support the defendant; the defendant's living conditions are the only means of the crime of this case; the defendant's life and the remaining conditions of the crime of this case are as follows; the defendant's life and the remaining conditions of the crime of this case are as follows; the defendant's life and the remaining conditions of the crime of this case are as follows; the defendant's life and the remaining conditions of the crime of this case are as follows.

3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

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