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(영문) 대구지방법원 2018.10.05 2018노1963
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the facts charged in this case; (b) the degree of assault is relatively minor; and (c) the Defendant used violence against the police officer called out after receiving a report in the state of exploitation; and (d) the Defendant interfered with the performance of official duties; (b) the Defendant has been punished several times; and (c) the Defendant committed the instant crime continuously under the influence of alcohol; and (d) other circumstances shown in the records and arguments, such as the Defendant’s age, sex, criminal conduct, economic situation, family situation, motive and circumstance of the instant crime, family relation, means and consequence, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment exceeds the reasonable limit of discretion, and the lower court exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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