logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.12 2015노2938
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one hundred months of imprisonment and two hundred thousand won of fine) is too unreasonable in light of the main sentencing conditions of the grounds for appeal.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant offenses; (b) the victims of the instant larceny were recovered; and (c) C wanting to take the Defendant’s prior action against the Defendant regarding the obstruction of performance of official duties.

However, the act of obstruction of the performance of official duties needs to be done strictly because the act of obstruction of the performance of official duties is light of and infringing upon legitimate public authority. The defendant has been sentenced to a fine of KRW 4 million due to the crime of obstruction of the performance of official duties in around 2009. Even though he had the record of being sentenced to a fine of KRW 1 million due to the crime of insult against the police officer in around 2013, he/she again committed the act of obstruction of the performance of official duties and damage to public goods in this case. The victim E of the larceny of this case wanting punishment against the defendant, and other factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, criminal record, etc., and the result of the application of sentencing guidelines of the Sentencing Committee, it cannot be deemed that the sentence imposed by the court below is too excessive.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow