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(영문) 부산지방법원 2017.04.21 2017노39
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two-month suspended sentence of imprisonment for a period of eight months, and eight-hours for community service) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime, and his mistake is repented, and there is no record of punishment heavier than the fine.

However, the crime of this case is deemed to obstruct the performance of official duties by assaulting a police officer who performs official duties, and thus, it is necessary to punish the defendant strictly in light of the recent public authority, and the fact that the defendant has been punished for the same kind of crime, the fact that the victim police officer did not receive a letter from the court below, the fact that there is no change of circumstances that may otherwise determine the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and the scope of the recommended sentencing guidelines set by the sentencing committee for the sentencing of the Supreme Court, such as the circumstances after the crime of this case, shall not be deemed to be unfair because the court below's punishment is too excessive.

Therefore, the defendant's assertion is without merit.

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. It is so decided as per Disposition.

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