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(영문) 부산지방법원 2015.06.04 2015노998
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. As to the sentencing of the court below (one year of imprisonment), the defendant asserts that the sentencing of the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. The crime of this case, even though the defendant had been punished four times due to the same kind of crime, including the crime of bodily injury, obstruction of performance of official duties, and the crime of destruction and damage of property, the crime of this case was committed on the part of a police officer who was arrested in the police station where he committed an act of assaulting his wife in drinking condition, etc., the crime of this case was committed within the police station that was arrested in the act of assaulting his wife, and the crime of this case was committed on the part of the police officer for eight weeks, but it does not seem that the defendant did not make any effort to recover from damage, and in light of the defendant's drinking habits or force, etc., it is inevitable to sentence the defendant to a sentence

However, the defendant's wrong drinking habits is likely to be improved in the future, such as hearing the statement that he/she is admitted to a mental hospital by the police station that he/she is expected to be admitted to the mental hospital, and it does not seem that the defendant committed the crime of this case in a planned way to avoid this accident, and that his/her family members appeal to the defendant's preference, and that the defendant's family members are taking care of his/her wrong mind while he/she is detained. Thus, it would be desirable to solve the problem by himself/herself in his/her family, rather than through his/her long-term veterinary life. In addition, considering the balance between sentencing with the same and similar cases of the same kind, the motive and circumstance of the crime of this case, the defendant's age, character and conduct, and environment, the sentencing of the court below is determined to be somewhat inappropriate.

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