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(영문) 부산지방법원 2018.02.23 2017노4920
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant requires the police officer who intends to take care of the field situation to suppress the police officer, and the nature of the crime of using violence is not good, and there are unfavorable circumstances, such as the defendant again committed the traffic crime of this case with a pardoned driver even after being punished six times or more due to driving without a drinking license, etc.

However, there is a serious degree of violence inflicted on police officers, recognizing that the defendant's mistake was late and reflected by the defendant.

In light of the fact that it is difficult to see and the equity with the punishment of the same similar case, the sentence of the lower court seems to be somewhat unreasonable, and thus, the sentencing of the Defendant is accepted.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Reasons for the new judgment] Defendant 112 reported on November 28, 2016, the crime history room “2016 Highest 8182, the Defendant 01:30 of the Busan Dong-gu, Busan, on the 01:5th floor “D,” and “a male assaulted,” the circumstances in which the Plaintiff belonged to the Busan Dong-dong Police Station E District, the police officer of the Busan, who was called to ask questions to anyone who was assaulted by Ha, she was under the influence of alcohol, and she h was under the influence of alcohol, and she was under the influence of alcohol. The Defendant h h h h h h h h h h h h h h h h h.

By noiseing bitch bitch bitch bitch, H’s bridge was cut once, and assaulted once by drinking H’s xch.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

On February 27, 2017, the Defendant, who is engaged in the driving of Junsta car, is now going to turn to the right in the direction of the north of the Busan University on the wall mining apartment site around 01:01 on February 27, 2017, and is now going to turn to the right in the direction of the north of the Busan University.

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