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(영문) 전주지방법원 2016.11.11 2016노1076
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the victims do not want the Defendant’s punishment; and (c) the Defendant’s wife wanted to have the Defendant’s prior wife.

On the other hand, the crime of this case was committed by the defendant at will, and assault the police officer who is waiting for traffic signal at the road, and used the tear of the right eyebrow (2.5 cm in length), and at the same time, it is not good that the quality of the crime was committed due to the police officer's interference with the legitimate performance of official duties, etc., and the defendant has already been subject to criminal punishment nine times due to the same crime. On January 7, 2015, the former District Court of Jeonju, which was sentenced to two years of suspended sentence for the crime of injury on the part of the defendant, and committed the crime of this case without being aware of it during the period of suspended sentence, and in order to establish the state's legal order and eradicate public power, there is a need to strictly punish the crime of obstruction of performance of official duties against the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

(However, it is obvious that the "victim's assault" in Part 3 of the judgment of the court below is a clerical error in the "victim's assault", and such act is corrected ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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