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(영문) 대전지방법원 2019.09.25 2018노3044
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. It is also recognized that there are circumstances to consider the Defendant, such as the fact that the Defendant all committed the instant crime, the fact that the Defendant received a letter from the victimized police officer and deposited some of the money, and the Defendants want to leave the Defendant’s seat.

However, according to the circumstances such as the Defendant’s direct desire for and exercise of tangible power to police officers, etc., which are bad in the quality of the crime, and repeated re-offending of the crime of this case even though he had the record of punishment for the same kind of crime, the Defendant’s liability for the crime of this case

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment 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 ground that it is without merit. It is so decided as per Disposition.

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