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(영문) 광주지방법원 2016.08.30 2016노2177
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (eight months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. On April 6, 2016, the judgment of the defendant had a record of being punished several times as violent crimes, and on April 6, 2016, the Gwangju District Court sentenced 8 months of suspended sentence of imprisonment for 8 months due to drinking, driving without a license, etc., and committed the instant crime after the lapse of 2 weeks after the judgment became final and conclusive on April 15, 2016.

In addition, the defendant found the police box while under the influence of alcohol and showed the attitude of emphasizing the public authority by drinking the face of the police officer who was on duty, and the degree of force of exercising the power is not significant, but the police officer who was assaulted by the defendant was not at the hospital.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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