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(영문) 부산지방법원 2018.05.10 2018노684

공무집행방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant (hereinafter “the penalty”) is too unreasonable, as it is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case committed by the defendant, who takes a bath to a police officer, interfered with the police officer's performance of official duties by pushing the shoulder of the police officer by hand, and the crime of this case was committed with heavy liability in light of the substance of the crime, the defendant has not yet received a letter from the damaged police officer, and the defendant has three-time force of violence, etc., which are disadvantageous to the defendant.

However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the crime of this case, the fact that the defendant's health status is not good, and the defendant has no record of crime for about 10 years, as he/she was arrested as an offender in the act of this case, and that he/she was arrested as an offender in the act of this case.

On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the court's punishment against the defendant is too unfavorable or too unreasonable, taking into account all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, and environment, etc.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is in accordance with Article 364 (4) of the Criminal Procedure Act.