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(영문) 부산지방법원 2016.07.21 2016노1618

특수공무집행방해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because the punishment sentenced by the court below (a year and six months of imprisonment, confiscation) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The crime of this case was committed by the Defendant, who is dissatisfied with the facts that the Defendant received a summary order of KRW 1 million due to assault, prepared gasoline and set a stringer to the office building of the court. When gasoline was discovered in the security search unit, the crime of this case is highly likely to be committed in light of the content and form of the crime and its attitude, such as attempting to see it on the court public officials and the surrounding walls.

However, in light of the favorable circumstances such as the Defendant’s recognition of all the crimes of this case and the fact that the Defendant appears to have committed the crime of this case on a contingent basis with a person with a disability of class 3 in brain path, and the fact that there is no specific criminal record other than the fine twice, and other favorable circumstances such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime of this case, the circumstances before and after the crime, etc., the sentence sentenced by the court below cannot be deemed to be unfair because it is acknowledged to have within the proper sentencing discretion and it is too heavy or too heavy.

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