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(영문) 부산지방법원 2016.11.18 2016노3071
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment is a favorable circumstance where the Defendant expressed that the Defendant would not find the victim C again, that the friendly evidence that occurred after divorce with the victim C appears to have affected the instant crime, that there is less damage amount in the case of the property crime, and that the crime of obstruction of performance of official duties was committed by force under the influence of alcohol.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the sentencing conditions because new sentencing data have not been submitted at the trial court compared with the court below. Although the defendant had been punished for the same kind of crime, and the period of repeated crime has not yet commenced, the defendant repeated the crime of this case without heavy weight, the defendant seems to have suffered significant mental and material damage by finding the victim C's loss of his will for a long time, obstructing his duties, and obstructing his duties. The crime of obstruction of performance of official duties is in need of strict punishment to establish legal order, and the victim C, H, and K wanted to punish the defendant, because it is not agreed with the victims, and the victim C, H, and K wanted to be punished against the defendant. Nevertheless, the defendant attempted to deceive the court by forging a mutual agreement with the victim C, S, etc., and taking into account various circumstances, such as the process and result of the crime of this case, circumstances after the crime, the defendant's personality and behavior, and age of the defendant, etc., the sentencing conditions in this case.

3. In conclusion, 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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