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(영문) 창원지방법원 2013.07.25 2013노691
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (joint coercion) by this court on May 11, 2012, and the judgment becomes final and conclusive on May 19, 2012. On October 26, 2012, the same court was sentenced to one year and six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and the judgment became final and conclusive on January 18, 2013, and the crime of this case was committed in relation to the crime of this case and the latter concurrent crimes of Article 37 of the Criminal Act. In light of the fact that the Defendant led to a confession and deep depth of the instant crime, and that the Defendant did not repeat the crime of this case, the punishment (one million won of a fine) sentenced by the lower court is too unreasonable.

2. Although the defendant asserts that the crime of this case was committed on January 14, 2012 when the judgment became final and conclusive, the defendant was under suspension of execution at the time of the crime of this case; the defendant was tried by the court in violation of the Punishment of Violences, etc. Act (joint coercion) at the time of the crime of this case; the fact that the crime of this case was committed against police officers, and that it was not easy to say that the defendant did not make any effort to recover damage to the damaged police officers; and the defendant appears to not make any effort to punish the crime of this case on January 6, 2012 due to the violation of the Punishment of Violence, etc. Act (a collective injury, deadly injury, etc.) by the court on January 14, 2012; the defendant was under suspension of execution; the defendant was under trial at the time of the crime of this case; the State's public authority established the law and order; the circumstances and circumstances of the crime of this case, including the record of violence and its execution of official duties; and the circumstances and the punishment of this case.

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