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(영문) 부산지방법원 2017.06.02 2017노5
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the judgment is recognized and reflects the crime, and that there is no criminal record for the same kind of crime is favorable to the defendant.

On the other hand, the obstruction of the performance of official duties is an unfavorable circumstance to the defendant, such as the need for strict punishment for the establishment of public authority and the protection of law and order, and the fact that there is no agreement with the victimized police officer.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of all the sentencing conditions of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and all the sentencing conditions in the records and theories of the case mentioned above, including the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, the method and consequence of the crime, the circumstance after the crime, etc., the sentence imposed by the court below is too heavy or it cannot be deemed unfair, and thus, the defendant and the prosecutor's improper assertion of sentencing are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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