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(영문) 부산지방법원 2015.12.10 2015노3098

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following factors: (a) the defendant led to the Defendant to commit the instant crime; (b) the fact that the Defendant received a letter from the police officer who assaulted the Defendant; (c) however, the court below set the punishment as above by considerably reducing the fine of KRW 3 million as provided in the summary order against the Defendant by taking full account of the circumstances favorable to the Defendant; and (d) there is no change in circumstances that may vary between the court below and the punishment; and (e) there is no change in circumstances that make it possible for the court below to change the age, character, character, intelligence and environment of the Defendant, motive, means and consequence of the instant crime; and

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.