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(영문) 대구지방법원 2018.02.02 2017노3773
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.

2. The judgment is advantageous to the following: (a) the Defendant led to the confession of the instant crime; (b) the Defendant appears to have committed the instant crime in a contingent manner; (c) the Defendant deposited 300,000 won by designating damaged police officers as his Twitness to restore damage; (d) the Defendant did not have any criminal record exceeding a fine; (c) the Defendant appears to be faced with a situation that is not good in health and is economically difficult; (d) the Defendant must support his mother; and (e) the Defendant’s will support his wife; and (e) the Defendant’s wife complains of

However, in the instant case, the Defendant committed the instant crime without being aware of the fact that he had been punished several times for the same crime, including the fact that the Defendant was sentenced to a fine of KRW 3 million due to the same kind of crime, and the Defendant committed the instant crime without being aware of the fact that he had been punished several times for the crime related to violence, in order to establish the State’s legal order and to eradicate a light of public authority.

In addition to the above circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and all of the sentencing conditions stated in the records and theories, such as the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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