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(영문) 대구지방법원 2017.09.22 2016노4946
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. The judgment of the defendant reflects his mistake, the defendant appears to have committed each of the crimes of this case by contingency while under the influence of alcohol, and the defendant has no record of the same kind of crime and has no record of criminal offense exceeding the fine, etc. are favorable circumstances.

However, each of the crimes of this case is an unfavorable circumstance, such as the following: (a) the Defendant’s arms of the police officer who was notified by the Defendant in order to obstruct the entry of the offender’s personal information that the police officer was dispatched upon receipt of the report; and (b) the Defendant’s face part of the police officer’s face may be punished by the obstruction of the performance of official duties from the victimized police officer once; (c) the Defendant interfered with the legitimate performance of official duties by killing breathing breath; (d) at the same time, the Defendant inflicted an injury on the victim police officer with the blood transfusion and the inner breathalal part; (e) the nature of the crime is not good; (e) the State’s legal order and order are established; and (e) in order to eradicate the light of public authority, the crime of interference with the performance of official duties such as this case requires strict punishment; (e) the degree of interference with the performance of official duties is unreasonable

In addition to the above circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and all of the sentencing conditions stated in the records and theories, such as the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair.

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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