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(영문) 부산고등법원 2016.12.14 2016노656
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year of imprisonment) imposed by the lower court is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, and his mistake is divided in depth, and it is difficult to see that the result caused by the crime of this case is heavy.

However, the crime of this case prevents the defendant from performing his/her official duties for the maintenance of the safety of the community service center, threatens the victim for the purpose of retaliation against the provision of investigation orders, such as the victim's report, in relation to the criminal investigation of the defendant's criminal case, and interferes with legitimate performance of official duties for the 119 first responder's 119 first responder's 119 first responder's 119 first responder's 119 first responder's 119 second responder's 119 second responder's 119 second responder's 119 second responder's 119th report. In light of the overall criminal details and contents of the crime, it is necessary to punish the crime in light of the fact that the crime of retaliation is poor and especially the crime of intimidation may interfere with investigation agencies and judicial agencies' discovery of substantial truth. The defendant did not take any measures to recover damage to the damaged public officials and the victim until the trial. The defendant committed the crime of this case again during the period of violence, threat, etc.

Therefore, the defendant's assertion is without merit.

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. It is so decided as per Disposition.

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