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(영문) 부산고등법원 2016.12.22 2016노677
특수공무집행방해치상
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, and two hundred hours of community service order) is too unreasonable.

2. In full view of the factors and guidelines for sentencing as indicated in the judgment of the court below, the judgment of the court below that deemed the primary sentencing factor, including the method and content of the crime in this case (the victim, who is a public duty personnel, is a motor vehicle belonging to a dangerous object of the defendant, obstructing the legitimate execution of duties in regulating delinquent vehicles, obstructing the victim from performing his/her duties, and taking about 10 days medical treatment) cannot be assessed to have exceeded the reasonable limits of discretion, and there are no circumstances or materials to deem that maintaining the sentencing in the course of the trial of the court below was inappropriate or insufficient (the fact that the defendant recognized the facts charged at the trial alone does not result in any change of circumstances or materials to reverse the judgment of the court below). The defendant's argument of unfair sentencing is understood to have no merit.

3. Accordingly, the defendant's appeal is dismissed.

(Article 364 (4) of the Criminal Procedure Act)

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