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(영문) 창원지방법원 2018.10.24 2018노1879
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the summary of the grounds for appeal (the sentence of the lower court: four months in prison, and the Defendant, at the first trial date, withdrawn the assertion of mental or physical disorder)

2. The lower court determined that the Defendant committed an act of interference with the performance of official duties as stated in its holding in the lower judgment in 201 and committed an assault against a police officer dispatched to the lower court in March 201 and was punished for a crime of interference with the performance of official duties, and the Defendant was punished three times due to a violation of traffic laws on roads. Among them, the Defendant was sentenced to imprisonment for six months, and the Defendant was sentenced to the last two years, but the execution of the sentence was finalized on April 26, 2017, which became final and conclusive on April 26, 2017. In particular, the Defendant committed an act of interference with the performance of official duties under the influence of alcohol again while under the influence of alcohol during the period of the foregoing suspended sentence. In particular, even though the Defendant was aware of the fact that he was unable to control his behavior if he was drunk during several times of drinking, the lower court did not want it on the day when the Defendant committed an act of interference with the performance of official duties, and without considering various circumstances, such as the motive and degree of the Defendant’s act of interference with official duties.

The grounds for the court below's improper sentencing (such as the fact that the defendant reflects the crime of this case and the police officer subject to violence does not want the punishment against the defendant) appears to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions change in the court below's above sentencing conditions.

3.2.

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