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(영문) 부산지방법원 2016.09.01 2016노2371

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of eight months and the fine of five hundred thousand won) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of each of the instant crimes, and the fact that the Defendant’s health is not good.

However, the crime of obstruction of performance of official duties needs to be strictly punished even in order to resolve the chilling of the legitimate public authority and establish the legal order, and the defendant committed the crime of obstruction of official duties only in two months after the crime of obstruction of official duties was committed once and one fine was sentenced for the crime of suspension of official duties due to the crime of suspension of official duties in 2016, despite being sentenced once again, and the crime of violation of the Punishment of Minor Offenses Act was committed by avoiding disturbance in the police district group, and there is a high risk of preventing recidivism even after the crime of violation of the Punishment of Minor Offenses Act. The defendant committed each of the crimes of this case without being aware of it during the period of suspension of official duties, and there is no change in the circumstances that can be considered as the reasons for sentencing in the trial, and there is no other change in the circumstance that the defendant committed each of the crimes in this case without being aware of it during the period of suspension of official duties, and in consideration of various circumstances that are the conditions for sentencing as specified in the records and arguments of this case

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.