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(영문) 부산지방법원 2016.11.25 2016노3339
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, and reflects his depth on his mistake, and the fact that there is no other criminal records except for the criminal punishment of a fine of three times for the instant crime.

However, in light of the following: (a) the instant crime committed by a police officer D who was called upon by the Defendant upon receiving a report by the Defendant and obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime; (b) the nature of the crime is considerably poor in light of the method and content of the crime; (c) the agreement with the above police officer or the restoration of damage is deemed not to have been properly made until now; (d) there are no special circumstances or changes in circumstances that may be newly considered after the issuance of the judgment below; and (e) other various conditions of sentencing as shown in the instant pleadings, including equity in sentencing with the same or similar incidents; (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e

Therefore, the defendant's above assertion is not accepted.

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

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