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(영문) 부산지방법원 2018.08.24 2018노1632
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won) is too heavy or too unhued (the Defendant).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

If there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In order to establish the State’s legal order and eradicate the light of public authority, there is a need to strictly punish a crime interfering with the performance of official duties, and the fact that the injured police officers did not receive a letter from the injured police officers is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflected, the defendant seems to have caused the crime of this case by contingency, and the defendant has no particular record of crime in addition to the first ten-year fine for the crime of this case, etc.

The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the first instance after the sentence of the court below.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, all of the sentencing conditions as indicated in the instant records and theories, such as the circumstances after the crime, and the equity in sentencing, and similar similar cases and sentencing, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable as it goes beyond the reasonable scope of discretion.

The argument that the sentencing of the defendant and the prosecutor is unfair is all rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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