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(영문) 광주지방법원 2018.06.28 2017노4247
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of three years, the observation of protection, and the community service hours of 160 hours) is too unreasonable.

2. A favorable circumstance is that the defendant recognized his/her mistake and reflected his/her mistake, and agreed with the victimized police officers.

On the other hand, the crime of this case is a serious crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires strict measures to eradicate the light of public authority, and even if the defendant was subject to several criminal punishment and had the record of suspended execution due to the same kind of crime, he/she again commits the crime of this case.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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