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(영문) 광주지방법원 2013.10.25 2013노1762
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various circumstances against the defendant in the summary of the grounds for appeal, the punishment of the court below (limited to six months of imprisonment, two years of suspended sentence, two years of probation, community service, 200 hours of mental and violent programs, 40 hours of course in mental and violent programs) is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized all of the instant crimes and divided, the degree of injury inflicted by a police officer is relatively less light, the Defendant agreed with a police officer only, and the Defendant is making it difficult to drive and act on behalf of the police officer.

However, the crime of this case is a case in which a police officer, in the course of performing his lawful duties, has expressed a desire to put himself in a vehicle or horse and has intimidation, and a police officer has inflicted an injury by assaulting the police officer, and the nature of the crime is very poor in light of the circumstances of the crime, the means and methods of the crime, the contents of the crime, etc., and such obstruction of performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order.

In full view of such circumstances, including the Defendant’s age, character and conduct, family environment, and the fact that the Defendant was sentenced to a fine four times for violence-related crimes including obstruction of performance of official duties, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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