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(영문) 부산지방법원 2015.08.13 2015노1894

공무집행방해

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for eight months, and for six months, the defendant C.

Reasons

1. The sentencing of the court below (the defendant A: imprisonment with prison labor for August and the defendant C: imprisonment with prison labor for six months) against the defendants in the summary of the grounds for appeal is too unreasonable.

2. In light of the Defendants’ act, etc., the degree of obstruction of the performance of official duties is not easy; the Defendants denied the crime of this case in the lower court; the Defendants’ attitude to the police officers present at the court as witnesses; etc., when considering the circumstances after the crime, the Defendants acknowledged all the crimes of this case; the Defendants appears to have committed the crime of this case by contingency; the Defendants are family members supporting each of the Defendants; there are economic difficulties; the Defendants reflects their wrongness through their prison life for about two months until the date of the lower court’s sentence; and there is a possibility of improving the Defendants’ wrong drinking habits; thus, it would be desirable to resolve the problems of the Defendants’ own family in the future rather than through the long-term prison life; the Defendants’ equity in sentencing with the same similar case; the motive and background of the crime of this case; the circumstances after the crime of this case; and the circumstances after the crime of this case; the Defendants’ records and arguments in the sentencing of this case are unreasonable.

3. As the defendants' appeal of this case is well-grounded, under Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendants is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendants and the summary of the evidence recognized by the court are the gist of the evidence.