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(영문) 부산지방법원 2015.02.05 2014노4222
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s written use by the victimized police officer for the crime of obstruction of the performance of official duties and the Defendant’s use of violence against the police officer who called out after receiving 112 reports even though he had been punished for the crime of obstruction of the performance of official duties, and thus, the quality of the crime cannot be deemed to be light. Nevertheless, the lower court’s judgment, taking into account the favorable circumstances as seen earlier, ordered a considerable reduction of the amount of fine stipulated in the summary order, and there is no change of circumstances that may be considered for sentencing from the sentence of the lower court to the trial. In addition, considering the motive and circumstance of the crime of this case, the Defendant’s age, character and conduct, and environment, etc., the amount of fine imposed by the lower court is not excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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