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(영문) 부산지방법원 2016.09.29 2016노1998
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service work 120 hours) imposed by the court below is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of each of the instant crimes and the Defendant’s agreement with the victim to commit the instant crime.

However, the crime of this case was committed against a police officer who was dispatched after being reported by the defendant while interfering with his main duties, and was committed an insult, interference with the performance of official duties, and the nature of the crime was serious, and there was a heavy need to punish the crime of interference with the performance of official duties, such as this case, in order to eliminate the awareness of the legitimate public authority, and to establish the legal order, and to prevent the occurrence of the crime of this case, the defendant has been punished 14 times as a fine, and among them, there was considerable history of punishment as to the crime of this case including the crime of this case such as obstruction of duties, insult, obstruction of performance of official duties, interference with the performance of duties, and injury, and because there was no agreement with the police officer from the victim of the crime of this case, there was no change in the circumstance that the victim wants the punishment of the defendant, and there was no other change in the circumstance that can be considered in the sentencing in the trial, and there was no undue punishment on the defendant's age, sex, environment, family relation, means and result after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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