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(영문) 대전지방법원 2016.05.27 2015노3279
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months, one year of suspended execution, and 80 hours of community service) is too unreasonable.

2. The judgment is a favorable condition that the defendant recognized the crime of this case and reflects the mistake, that there is no serious damage caused by the crime of this case, and that the defendant has no record of punishment exceeding the same criminal history or fine.

However, in full view of the above favorable circumstances, the lower court appears to have sentenced to imprisonment with prison labor and suspension of execution, which is set at the lowest limit of the sentencing range of the sentencing guidelines set by the sentencing guidelines of the Supreme Court, and the crime of this case was committed by assaulting a police officer called upon 112 under the influence of alcohol, such as taking a bath and having flab, cutting bom, cutting spons, etc., and the nature of the crime is bad. Since the crime of interference with the performance of official duties is a crime detrimental to the State’s function by nullifyinging legitimate exercise of public power, it is necessary to impose strict punishment in order to establish national legal order and eradicate the light of public power, and other various sentencing conditions as indicated in the records and theories of this case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., the lower court’s punishment is excessively 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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