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(영문) 청주지방법원 2015.04.17 2014노1180
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment with prison labor for four months) is too unreasonable.

2. The Defendant seems to have recognized all of the instant crimes and divided his mistake.

In addition, the defendant is seeking the wife of the defendant by mutual consent from the damaged police officer(G).

In addition, it seems that the defendant committed the crime of this case by contingency while under the influence of alcohol at the time. Until now, the fact that the defendant had been sentenced to a minor fine twice for another crime without the same criminal record, that has experienced economic difficulties due to bad credit for a long time, and that it is the most likely that the defendant should support the father who is not good for the visually disabled, can be considered in favor of the defendant.

However, the crime of this case was committed by the Defendant at a restaurant to interfere with the business by avoiding disturbance, such as bringing the Defendant to other customers, and furthermore, assaulting the restaurant operator (D) to speak, and exercising violence against the police officer dispatched after receiving a report on a sudden landing, etc., and thus, is a heavy penalty for the unlawful act.

Although there was an agreement with the victimized police officer with the police officer, obstructing the performance of duties by legitimate police officers is an infringement of national legal interests, and the existence of such agreement is not necessarily an important matter in sentencing.

In addition, considering the fact that the defendant did not reach an agreement with the above D, which is the victim of assault so far, the favorable circumstances mentioned above are deemed to have already been fully reflected in the judgment of the court below, and other various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., it is not recognized that the punishment determined by the court below is too unreasonable.

The defendant's ground of appeal cannot be accepted.

3. Conclusion.

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