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(영문) 부산지방법원 2017.08.25 2017노1890
모욕등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts, and illegality in sentencing) did not interfere with the performance of official duties by putting or smuggling a slope F’s breath, as stated in the judgment of the court below.

2) The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. According to the record as to the Defendant’s assertion of mistake of facts, F has consistently made a statement to the effect that it conforms to the facts charged at the investigative agency and the court of original instance. The H’s legal statement and the statement at the investigative agency of J conform to F’s statement

Therefore, since the defendant can be recognized that he assaulted F as stated in the judgment of the court below, this part of the defendant's assertion of mistake is without merit.

B. We examine both the defendant and the prosecutor’s unfair argument of sentencing with regard to each unfair sentencing of the defendant and prosecutor.

In light of the fact that the defendant committed a crime of obstructing the performance of official duties during the period of the same repeated crime, insulting victims without justifiable grounds, and the defendant's assault against the police officer is serious in light of the circumstances unfavorable to the defendant that he/she did not know or have not agreed to the victims.

It is difficult to see, in consideration of the circumstances favorable to the defendant.

In addition, considering various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too heavy or unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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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