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(영문) 부산지방법원 2020.06.11 2019노4143

공무집행방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The determination of a fine of KRW 6 million is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. The sentence imposed by the lower court appears to be lower than the scope of the recommended sentence under the attached sentencing guidelines (from June to June).

However, while considering the nature of crime, unagreement, etc. as an unfavorable factor of sentencing, the lower court determined the punishment by taking into account the degree of intimidation, the degree of violence, and the power of punishment

It cannot be said that there was an error in selecting and applying the sentencing elements.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors for the crime of obstruction of performance of official duties, and other factors of sentencing, the sentencing factors determined by the sentencing guidelines for the crime of obstruction of performance of official duties, the sentencing factors cannot be deemed unreasonable or unreasonable.

3. The appeal by the Defendant and the Prosecutor is without merit.

All of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.