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(영문) 부산지방법원 2017.05.26 2017노59
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

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

2. The circumstances favorable to the defendant include the fact that the judgment of the crime is recognized and is against the law, and there is no criminal record exceeding the fine.

However, in order to establish the state's legal order and eradicate the state's light of public authority, it is necessary to strictly punish a crime that interferes with the performance of official duties, there is a history of criminal punishment several times due to violent crimes, and there is no letter from the victimized police officer.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories in the above circumstances (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the court below is too heavy or uneasible and unfair, and thus, the defendant and the prosecutor's improper argument in sentencing is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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