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(영문) 부산지방법원 2016.11.11 2016노3601

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime and reflects his depth on his mistake, and the degree of assault against the victimized police officer seems to be relatively excessive.

However, the crime of this case was committed by the Defendant by assaulting the police officer and obstructing the police officer’s legitimate execution of his duties concerning the handling of 112 reported cases. The crime of this case is considerably poor in light of the content of the crime and the applicable law, the agreement with the victimized police officer or the restoration of damage seems to have not been properly performed until now, and there was a record of two criminal punishments by the Defendant due to violent crimes. In particular, on January 21, 2016, the Busan District Court sentenced two years of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Busan District Court on January 29, 2016, which was finalized on January 29, 2016, and committed the crime of this case without being familiar with the suspended sentence period, and there was no special circumstance or change in circumstances that may be newly considered after the sentence of the judgment below, and various sentencing conditions of this case, such as equity in sentencing, age, character and conduct, motive and circumstance of the crime, and the scope of recommendation of obstruction of performance of performance of official duties.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

3. If so, the defendant's appeal is without merit. Thus, Article 364 (4) of the Criminal Procedure Act is not reasonable.