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(영문) 부산지방법원 2017.08.31 2017노2075

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime, agreed with the victim C on the crime of injury and damage to property at the investigation stage, and that H among the victimized police officers who interfered with the performance of official duties, expressed their intent to want the Defendant’s wife.

However, the defendant assaulted a taxi engineer on the ground that he has broken the defendant who was divingd near the destination, and obstructed the performance of his official duties by assaulting three police officers dispatched, and in particular, in the earth area, the police officer was flicked to H, and the face was blicked and tamped, and the nature of the crime is not very good.

In addition, on April 13, 2009 and March 14, 2012, the defendant was punished for a violation of the Punishment of Violences, etc. Act (joint injury) on two occasions.

In addition, the sentence imposed by the court below is not heavy if the records of this case, including the defendant's age, sex, environment, and family relationship, and the various conditions of sentencing as shown in the changed theories are comprehensively taken into account.

3. Accordingly, 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.