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(영문) 대구지방법원 2017.11.03 2017노3632
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below committed each of the crimes of this case by using dangerous articles without any reason to damage another person's property or inflict bodily injury upon a police officer who was dispatched after receiving a report 112 and obstructing legitimate execution of his duties. The crime of this case is not good, the defendant committed each of the crimes of this case without being aware of the nature of the crime, and the victim of the special property damage and bodily injury of this case did not receive a letter of suspicion, and other factors of sentencing as shown in the records and arguments of this case including age, sex, environment, motive and circumstance of the crime, relationship with the victim, etc., even if considering that the defendant committed each of the crimes of this case with weak mental and physical disorder and agreed with the victim of the special injury of this case, it cannot be said that the punishment imposed by the court below is unfair because it is too excessive.

Therefore, the defendant's 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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