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(영문) 광주지방법원 2020.06.23 2019노1993
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecution on the charge of assaulting among the facts charged in the instant case.

However, since the prosecutor did not appeal the dismissal part of the judgment below and this part is separated or finalized, it shall be excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, probation for two years, and community service for 80 hours) of the lower court is too unreasonable.

3. The judgment that the defendant recognized the crime of this case, and that the defendant agreed with the victimized police officers and the above police officers did not punish the defendant is a favorable condition.

On the other hand, the crime of obstruction of the performance of official duties requires strict punishment for crimes that interfere with the exercise of legitimate public authority and undermine the function of the state, and the fact that the defendant has been committed several times, including the suspension of the execution of imprisonment, is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

4. 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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