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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of obstruction of performance of official duties needs to be avoided legitimate exercise of public authority and be strict as an act that undermines the function of the State’s legal order.
In light of the circumstances favorable to the defendant (the fact that the defendant acknowledges his responsibility for each of the crimes of this case), unfavorable circumstances (the probation period due to the crime of obstruction of performance of official duties and the probation period that the defendant would not drink more than half of a week, but the defendant would have a high possibility of criticism by committing each of the crimes of this case under the influence of drinking, and the defendant would not seem to have shown that he had shown good mind. The defendant used various types of force with the desire for the victim under the taxi without any justifiable reason; the defendant continued to commit the crime of obstruction of official duties without being arrested as a flagrant offender; the defendant committed the crime of obstruction of official duties after being taken over to the police station; the defendant did not agree with the victim; the defendant committed several crimes related to violence including the same kind of crime; the defendant was punished several crimes related to violence; the defendant's age, character and behavior, environment, the background and method of each crime; the circumstances after the crime; and the various circumstances in relation to the records and arguments of this case, and the sentencing guidelines for obstruction of official duties (the sentencing guidelines for the driver).
3. Thus, the defendant's appeal is without merit.