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(영문) 대구지방법원 2014.04.17 2014노502
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the crimes; (b) all of the crimes in this case were committed during the commission of the instant crime; (c) the Defendant appears to have an intention to treat the victim G, police officer F, to seek a preference against the victim; and (d) the Defendant submitted a written application to the effect that the victim G, police officer F, sought a preference against the victim.

However, the crime of this case is a kind of dispute in which the defendant is under the influence of alcohol at D's house.

The crime of this case is an unfavorable circumstance to the defendant, such as obstructing the performance of official duties by taking a bath and pushing ahead with the police officer dispatched by the defendant's report, and obstructing the performance of official duties by using violence, etc., and causing damage to property by gathering the building stand rapidly as the victim G, who was scambed by the defendant's scambling, while taking a brue in the house of the victim G, which was found to be the defendant, is not good, and there was a record of being fined as a crime of the same kind and punished for the crime of interference with business, etc. several times as the crime of the crime of this case was punished by a fine. The defendant committed the crime of this case in spite of the fact that he was punished by a fine twice during the period of repeated crime

Considering the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, circumstances surrounding each of the instant crimes, and circumstances revealed in the records and pleadings, the lower court appears to have taken into account most favorable circumstances, and there is no change of circumstances that could vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, 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 since it is without merit. It is so decided as per Disposition.

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