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(영문) 부산지방법원 2016.11.24 2016노2148
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The following circumstances are acknowledged: (a) the Defendant took the attitude of recognizing and opposing the Defendant’s mistake; and (b) the Defendant has no record of punishment for the same kind of crime; (c) however, considering the fact that the Defendant reported a crime not committed in 112; and (d) took an active attack, such as harming the police officer who called for the crime of this case by taking a breath and threatening him/her to commit a breathous attack, etc., the nature and possibility of criticism of the crime of this case cannot be deemed to be negligible; and (d) even if considering the overall circumstances, such as the Defendant’s age, character and behavior, environment, economic situation, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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