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(영문) 대전지방법원 2015.07.23 2015노498
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (five months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the police officer who was dispatched upon the report by the defendant was cut off or taken back; and (b) the crime of obstruction of performance of official duties is a case that interfered with legitimate performance of official duties by doing an act such as tear tear, etc.; (c) the crime of obstruction of performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifying legitimate exercise of public authority; (d) the defendant has been punished several times as a crime related to violence; and (e) the defendant again committed the crime of this case even though he had the record of punishment twice as a crime related to the same kind of crime including punishment, even though he had the record of punishment twice, and there is no normal relation to mitigation of the above punishment

However, the fact that the Defendant appears to have committed the instant crime by drinking, and that it seems that the Defendant’s health condition is not good, etc. is favorable to the Defendant. This is, in addition, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the circumstances before and after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, types 1 (Obstruction of Performance of Official Duties). The scope of recommended sentences: 6 months to 1 year and 14 months (basic area). In full view of the possibility of suspended sentence, the Defendant and the prosecutor’s assertion are without merit, since the sentence of the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are done in accordance with Article 364(4) of the Criminal Procedure Act.

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