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(영문) 부산지방법원 2016.09.01 2016노2423
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant led to the confession of each of the instant crimes, the Defendant agreed with the victims of the instant special injury or bodily injury at the lower court, and the submission of a written agreement to the effect that police officials in charge of performing official duties were the Defendant’s wife at the trial.

However, the Defendant committed an offense of obstruction of the performance of official duties, such as committing a crime of special injury or bodily injury, and committing a crime of intimidation against a police officer who made a statement to a police officer by taking advantage of the victim’s desire to commit the crime of injury or bodily injury, and committing an offense of obstruction of the performance of official duties. Considering the fact that the nature of the offense is serious, that there is a need to strictly punish the crime of obstruction of official duties in order to eliminate the awareness of the legitimate public authority and establish legal order, and that each of the crimes of this case was committed during the suspension of execution, and other various circumstances, including the Defendant’s age, character, character, environment, family relationship, means and consequence, as well as the sentencing conditions specified in the records and arguments of this case, it cannot be deemed that the sentence imposed by the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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