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(영문) 대전지방법원 2021.03.17 2020노3790
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The sentence of the lower court (eight months of imprisonment) against the accused of the summary of the grounds for appeal is too unreasonable.

2. We examine the judgment. The crime of this case was committed on October 28, 2017 by assaulting a police officer who performs legitimate official duties, and there is a heavy need to strictly punish the crime of interference with the performance of official duties, focusing on the extent of exercising his tangible power, and the defendant has been punished several times due to violent crimes, etc. In particular, the defendant was sentenced on August 25, 2017 by the Daejeon District Court on September 2, 2017 to a suspended sentence of two years due to the crime of violating the Road Traffic Act in the Act on the Aggravated Punishment, etc. of Specific Crimes on September 20, 2017, and the judgment was finalized on October 28, 2017 by the same court on October 20, 2017 without being sentenced to a fine of two police officers during the suspended execution period, and the defendant was already punished by the same court on May 17, 2018, without being sentenced to a fine of 10 days during the suspended execution period.

However, the defendant's mistake is divided in depth, and the court below deposited 2 million won for the victimized police officer, and the damaged police officer sought the defendant's wife, the defendant supports his/her family, and his/her family supports his/her family, and the social relationship is relatively clear.

In addition, the court below's punishment against the defendant is too unreasonable, considering various circumstances that are conditions for sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, etc.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the defendant's appeal is reasonable, and it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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