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(영문) 대전지방법원 2017.02.08 2016노3272
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The fact that the Defendant was aware of and against the mistake in the instant crime, and that the degree of the damage to the instant property and the degree of the assault exercised in the course of performing official duties is relatively minor is more favorable.

However, since the crime of interference with the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, it is necessary to impose severe punishment for establishing the national legal order and eradicating the light of the public authority, and the defendant has been punished several times due to the same and different crimes. In particular, the crime of this case is committed as a crime that has not been released from the military after being sentenced to a punishment due to interference with the performance of official duties by obstructing the performance of official duties, and thus, the possibility of criticism and the high risk of recidivism, and the victims

In addition, comprehensively taking account of the Defendant’s age, sex, environment, background, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions indicated in the previous theory, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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