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(영문) 부산지방법원 2015.07.24 2015노1434
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflected his mistake and agreed with the police officer subject to obstruction of performance of official duties.

However, the crime of this case was committed by assaulting the police officer's chest in order that the defendant caused disturbance in the police station and the police officer's face is not considered as his own will, and thus obstructing the legitimate performance of official duties. When examining the circumstances of the crime, the defendant was unable to avoid disturbance in the police station while it is necessary to conduct an investigation because the taxi driver's driver who was on board was under the influence of alcohol or used narcotics was under the influence of alcohol, or was under the influence of narcotics. The result of the alcohol test and drug drug test is 0%, and the simplified drug prosecutor appeared in the voice (this is deemed to have suffered considerable mental and material damage). In particular, if the defendant had a history of being subject to criminal punishment for a crime related to violence before and after the suspension of execution, the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime of this case, it cannot be seen that the court below's sentencing conditions were too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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