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(영문) 부산지방법원 2017.03.21 2016노4478
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. On the grounds that each of the instant offenses committed by the Defendant and the Prosecutor’s respective arguments regarding the unfair sentencing, it is recognized that: (a) each of the instant offenses was committed by assaulting a fire-fighting official performing official duties, obstructing the performance of official duties by the Defendant; and (b) in light of the recent situation of public authority, it is necessary to strictly punish him; (c) the Defendant has been punished for violent crimes; and (d) the fact that the Defendant was already punished for violent crimes

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court is deemed appropriate, and it does not seem unfair because it is too heavy or too unreasonable, as it is too unreasonable, in light of the following factors: (a) the Defendant’s confession of the crime, and the degree of his mistake is minor; and (b) the Defendant’s age, sexual conduct, and environment; and (c) the motive, means, and consequence of each of the instant crimes; and (d)

Therefore, each argument of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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