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(영문) 광주지방법원 2015.11.26 2015노2555
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is advantageous to the fact that the defendant repents his wrong and reflects his wrong, does not repeat a crime, and that the defendant has repaid the repair cost of the patrol car which the defendant destroyed.

However, the crime of this case is deemed to have committed the crime of this case by assaulting a police officer who conducts legitimate performance of official duties, obstructing the performance of official duties, damaging the favorable initiative of patrol police officer, which is not good in light of the Criminal Code, and requires strict punishment for obstructing the performance of official duties by police officers in uniform; the defendant has the record of being punished for the same crime; the defendant committed the crime of this case within 40 days after release from prison; the defendant had already been sentenced to imprisonment with prison labor for a separate violent crime; the crime of this case was committed within 40 days after release from prison; there is no special circumstance or circumstance that is favorable to the defendant; there is no change in new sentencing after the decision of the court below was made; all of the sentencing conditions for the crime of this case, such as the defendant's age, character and environment, the circumstances and result of the crime of this case, etc. after the crime; the scope of sentencing guidelines for the enactment of the Sentencing Commission (2 months to 2 months after the crime of this case); the scope of punishment for obstruction of official duties [1 month or 6 months after the punishment of destruction of public goods] The scope of punishment of punishment [16 months from the punishment of destruction [6 months].]

3. As such, the defendant's appeal is without merit.

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