Text
Defendant
The appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; and (b) the Defendant appears to have committed the instant crime in a state of alcohol.
However, the crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant was found in the police station and was working for the police station, and his failure is not good; (b) there was a record of punishment several times for the same crime; (c) the defendant was sentenced three times of punishment; and (d) the defendant committed the crime of this case without being aware of it during the period of repeated crime for the same kind of crime.
In this context, the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from 1 year to 9 years: Crimes that interfered with the execution of public records, Type 1 (Performance of Official Duties/Performance of Duties), Special Convicts (Concurrent Crimes, Non-Concurrent Crimes, Crimes of the same kind), the recommended sphere (1 to 6 years), the scope of the recommended sentence (1 to 6 years), and Type 2: Crimes that interfered with the performance of official duties, Type 1 (Obstruction of Performance of Duties/Performance of Duties), Special Convicts (Concurrent Crimes, Non-Concurrent Crimes, Non-Concurrent Crimes), the recommended sphere (Special Aggravation), the recommended sphere, the scope of the recommended sentence (1 to 6 years), the result of multiple crimes (1 to 9 years), and all other sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances of the instant crime, and the conditions before and after the instant crime are considered to be too unreasonable.
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.