beta
(영문) 부산지방법원 2018.04.06 2018노391

특수공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine each of the instant offenses with the Defendant’s and prosecutor’s unfair arguments on sentencing together. The instant offenses are acknowledged: (a) by putting the Defendant at the community service center the water source in excess of the materials dangerous to the Defendant; and (b) obstructing the public official’s performance of official duties by assaulting the gasoline or threatening public officials; (c) refusing the demand of the service personnel to use the said taxi without permission under the influence of alcohol; and (d) obstructing the operation of the train by avoiding disturbance; (b) by obstructing the operation of the train by avoiding disturbance; and (c) the Defendant has been punished more times due to violent crimes, etc.; and (d) having committed each of the instant offenses without care for the period of repeated offense due to interference with the performance of official duties.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or too unreasonable, because it is too heavy, in light of the fact that the Defendant has committed a crime, and there is no change of circumstances that may be otherwise determined by the lower court and the punishment, and that there is no other reason to determine the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.