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(영문) 부산지방법원 2012.12.27 2012노3141
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (the fine of KRW 3,00,000) is too unreasonable in light of the gist of the grounds for appeal.

2. However, it is recognized that the defendant led to the confession and reflect of the crime of this case, and that he did so to the victimized police officer and agreed to do so smoothly.

However, the crime of this case was committed by a police officer who was dispatched after receiving 112 reports, and the nature of the crime is not weak, and there is a need to strictly punish the obstruction of performance of official duties in order to maintain public order and establish legal order. The defendant again committed the crime of this case despite the fact that he was punished by a fine on February 2, 2012. Nevertheless, the court below imposed a fine in consideration of the circumstances favorable to the defendant, and taking into account the motive and background of the crime of this case, the defendant's age, character and conduct, and environment, and other conditions of sentencing as shown in the records and arguments, it is not recognized that the sentencing of the court below is too unreasonable.

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

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