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(영문) 창원지방법원 2017.12.13 2017노1990
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) considering the fact that the Defendant’s mistake is against the Defendant; (b) there are some extenuating circumstances in light of the motive and background of the crime; and (c) the fact that the victimized police officer does not want punishment; and (d) considering the fact that the crime of obstructing the performance of official duties is detrimental to the legal order of the State and requires strict punishment for the sake of the safety of the general public; and (e) taking into account the method and consequence of the crime, the sentence was imposed by comprehensively taking into account the factors following the

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

In light of the fact that the Defendant was under the influence of alcohol at the time, which was not planned to commit the instant crime, rather than the planned crime, and that the Defendant’s family members, such as the mother, are supported by the family members, and has not been sufficiently spared, it is difficult to view that the lower court’s punishment is undue due to excessively unreasonable

The sentencing conditions mentioned above have been significantly changed in the trial.

There are no circumstances to see.

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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