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(영문) 부산지방법원 2014.12.12 2014노3580

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. Although there are extenuating circumstances, such as the Defendant’s confession of the instant crime, in order to establish a state’s legal order and eradicate the light of the public authority, the crime of obstruction of the performance of official duties requires a strict punishment, the Defendant has already been punished for the crime of obstruction of the performance of official duties, and the Defendant has been punished several times including four times of the suspension of execution or more for other violent crimes, and the Defendant has been sentenced to the punishment due to a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. in Relatives in Relatives in relation to relatives) and a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Rape in the 13 Years of Age of Age, etc.), and other extenuating circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.