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(영문) 대구지방법원 2019.03.19 2018노4683
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment is favorable to the defendant, such as the fact that the defendant makes a confession of the crime of this case and seriously reflects the mistake, that the defendant does not want the punishment of the defendant under the agreement with police officers E, and that the workplace rent desires to break down the defendant's seat.

However, the Defendant, at the Daegu District Court on April 20, 2017, sentenced one year of imprisonment with prison labor for the same crime of obstruction of the performance of official duties, two years of suspended sentence, and repeated the same crime even if he had been sentenced to a grace period. Prior to that, the Defendant had been punished more than 30 times due to a fine, such as special obstruction of the performance of official duties, a violation of the Punishment of Violences, etc. Act, or a penal sentence, etc., and other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances leading to the instant crime, and all other factors of sentencing as shown in the instant argument, even if the judgment of the court below becomes final and conclusive, it cannot be determined that the above suspended sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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