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(영문) 부산지방법원 2018.03.22 2018노130
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant repents his mistake.

However, in light of the facts of the crime, the crime of this case is deemed to have been committed with knee price of the police officer dispatched by the defendant after receiving the report, and the criminal liability is heavy in view of the fact that the defendant committed the crime of this case even though he was under suspension of execution for the same kind of crime, the defendant did not receive a letter from the damaged police officer, the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances for the above recognized defendant do not constitute a change of special circumstances that could change the sentence of the court below after the sentence of the court below was rendered, and if the defendant's age, sexual behavior, environment, etc. two circumstances serving as the conditions for the sentencing of this case, it cannot be deemed unfair for the court below's punishment against the defendant.

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, since the defendant's appeal is without merit.

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