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(영문) 대구지방법원 2019.07.23 2019노1711
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing public prosecution regarding intimidation among the facts charged in the instant case and rendered a judgment of conviction against the remainder of the facts charged.

However, only the defendant appealed for the guilty portion, and the dismissal of the above indictment became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

3. The Defendant recognized his mistake and reflected his mistake, and agreed with the victimized police officers.

There shall be no criminal records over fines against the accused.

However, the crime of this case committed by the defendant who assaults the criminal suspect, committed assaulting three police officers who want to arrest him/her as a flagrant offender, and inflicted an injury on the police officers. In the process, it is inevitable to punish the defendant with strict punishment due to extremely poor nature of the crime, such as breathing the police officers on the statement that "the police officers are not able to do so."

After having arrived at a police box, the Defendant, while engaging in a behavior that seems to carry out real-time broadcasts in a mobile phone, is also bad in the circumstances after committing the crime, such as breathing the police officers.

The defendant has a criminal record of violence once.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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