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(영문) 대구지방법원 2017.01.13 2016노4545
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. It should be recognized that the judgment of the defendant recognized the crime of this case and divided the wrong facts, found that the defendant drinking alcohol would lead to the crime of this case by drinking and contingently, and that there is no record of punishment as a crime of interference with official duties.

However, the crime of interference with the performance of official duties requires a serious punishment to establish the law and order of the state and eradicate the light of the public authority.

In addition, the defendant has a record of criminal punishment several times, including punishment for double-class crimes, committed the crime of this case without weighting despite the existence of repeated crime, and there is no change in the sentencing conditions compared with the original judgment because new sentencing data are not submitted in the trial.

In addition, in full view of the various circumstances, including Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, and the record of the crime, the sentence imposed by the lower court is too heavy or is deemed unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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