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(영문) 대전지방법원 2017.01.25 2016노2334
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing), the Defendant asserts that the Defendant is too unfasible and unfair, and that the prosecutor is too unfasible and unfair.

2. The judgment that the defendant recognized the crime of this case and reflecteds the mistake, and that he deposited money to recover damage by the damaged police officers is favorable circumstances.

On the other hand, the crime of this case is a crime that causes poor quality of the crime due to the assault of the police officer who was sent to the police after being reported 112 under the influence of alcohol by the defendant, and the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority. Therefore, it is necessary to impose severe punishment for establishing national legal order and eradicating the light of public authority, and the defendant is punished by a fine by driving alcohol during the period of suspension of execution.

In addition, comprehensively taking into account the following factors: the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., and the various sentencing conditions indicated in the instant case, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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