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(영문) 부산지방법원 2013.05.02 2013노211
공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Each sentence sentenced by the court below against the Defendants (a fine of two million won, a fine of 1.5 million won, and a fine of 1.5 million won) is too unreasonable.

Judgment

In light of the above, the defendants' confession of the crime of this case and the facts that the defendants were the first offender without any criminal record, the defendants committed the crime of this case in favor of the defendants. However, the crime of this case was committed against the police officers dispatched by the defendants after receiving a report, and the crime of this case was committed against the police officers who caused damage to the patrol vehicle, which is a public object, and the quality of the crime is not weak, and there is a need to strictly punish the crime of obstruction of performance of official duties to maintain public order and establish legal order. The court below seems to have reduced the fine amount of the summary order (the fine amount of KRW 3 million, KRW 2 million) in consideration of the circumstances favorable to the defendants. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below cannot be said to be excessive.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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