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(영문) 대구지방법원 2020.05.01 2020노98
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects the wrongness, that G police officers wanted the defendant to take the seat of the defendant, and that he reimbursed the repair cost of the damaged public goods.

However, the crime of this case prevents a police officer from performing his duties by using violence against a police officer who wants the defendant to go home, and even after being arrested, it is in order to establish the state's legal order and to eradicate the light view of public authority. In order to establish the law and order of the State, there is a need to punish the above crimes, such as obstruction of performance of official duties, etc., and the defendant has a criminal record of criminal punishment several times due to violent crimes, including the same criminal acts, and there is no special circumstance or change of circumstances that may be newly considered after the sentence of the court below, and there is no other special circumstance or circumstance that the defendant committed the crime of this case after the sentence of the court below was made, and considering all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, circumstances after the crime, criminal records and criminal records, etc., the defendant's assertion is without merit.

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

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