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(영문) 광주지방법원 2015.11.12 2015노2335
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is a favorable sentencing factor, such as the fact that the defendant is recognized to commit a crime, that the above victim police officer wants to take the defendant's seat against the defendant, that there is a family member to support the defendant, that the defendant is economically difficult equity, that the defendant's family members and branch members want to take the defendant's seat against the defendant.

However, considering the following factors: (a) the Defendant has already been punished several times due to drinking refusal or drinking driving; (b) the establishment of legal order and the establishment of the public authority in order to eradicate the climate of the public authority, etc., there is a need to strictly punish the Defendant’s obstruction of performance of official duties; and (c) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime; (d) circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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