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(영문) 부산지방법원 2015.08.21 2015노1703
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of one million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflects his mistake, the Defendant suffers from Alznz's disease in Alznz and seems to have partially affected the instant crime, the Defendant’s economic situation is not sufficiently sufficient, and agreed with the victimized police officer.

However, in light of the fact that the crime of this case was committed by the Defendant, a deadly weapon, obstructing the police officer’s legitimate performance of official duties by assaulting the Defendant, and in light of its risk and degree of damage, etc., the case is not somewhat unreasonable. The lower court appears to have sentenced to a fine of one million won, which is a half of the fine requested for the Gu summary, in full view of the fact that the Defendant was suffering from such disease, and the economic situation is also not sufficient, and the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unfair because it is excessively unreasonable.

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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