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(영문) 부산지방법원 2016.10.28 2016노3169
공무집행방해등
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 (one year and two months of imprisonment and a fine of three hundred thousand won) is too unreasonable.

2. Determination is recognized that the Defendant’s health condition is not good, such as the Defendant’s deep reflects the instant crime, the fact that the Defendant’s disease, such as high blood pressure and urinology, is extremely old, and that the Defendant’s sentence is the first one.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing materials have not been submitted at the court below. The crime of this case is committed continuously and repeatedly by the defendant, obstructing the defendant's business, obstructing the police officer's performance of official duties, insulting, obstructing the crime of obstruction of performance of official duties, requires strict punishment in order to establish the law and order, the majority of victims and victims want to punish the defendant with strong punishment for the defendant. The crime of this case can be committed in the same kind of crime, and the crime of this case is committed without being aware of it during the suspension period of execution due to the same crime, and other various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the circumstance and result of the crime of this case, the circumstances after the crime, the character and conduct of the defendant, the environment, age of the defendant, etc., are considered to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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