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(영문) 부산지방법원 2016.06.23 2016노712
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in August, and eight hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine both judgment and the defendant's arguments.

The Defendant committed the instant crime by assaulting his wife and committing violence against a police official working for the finding of a district group, and committing the instant crime. However, in order to resolve a fluorial view with legitimate public authority and establish a legal order, the Defendant was seriously punished for the crime of interference with the performance of official duties, such as the instant case, and the Defendant was previously at the same flusium head head office and head office before that time, and used the police official in order to interfere with the performance of duties by assaulting his wife and assaulting the police official with such physical ability. The nature of the crime is more severe than that of other crimes. The Defendant was punished once by suspension of execution of a crime related to violence, including interference with the performance of official duties, and the Defendant did not agree with the police official related to the instant crime.

However, taking into account the following circumstances: (a) the Defendant was led to the confession of the instant crime; (b) the Defendant did not have any record of being punished for violent crimes since 2003; and (c) the Defendant’s age, sexual conduct, environment, family relationship, means and consequence of the instant crime; and (d) the conditions for sentencing as indicated in the records and theories on changes, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or unbrupted and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

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