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(영문) 부산지방법원 2016.09.22 2016노2273

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances, such as the Defendant’s confession of the instant crime, and the fact that the instant crime appears to have been committed by the Defendant in a state of alcohol.

However, the crime of interference with the performance of official duties needs to be strictly punished in order to resolve the rumor of the legitimate public authority and to establish the legal order, and the defendant has been punished more than 20 times, including imprisonment with prison labor and suspended execution, and there is no change in the circumstances that may be considered as the reason for sentencing in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the defendant's age, sex, sex, environment, family relationship, means and consequence of the crime, etc., are considered, and the punishment imposed by the court below is too unreasonable.

3. In conclusion, 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.