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(영문) 부산지방법원 2017.06.29 2017노1251
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

The court below's punishment (2,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant has no record of the same kind of crime.

However, the instant criminal act prevents police officers from performing their official duties on the grounds that the police officers, who were called up after receiving 112 reports, on the ground that the Defendant was broken out the Defendant, on the two occasions, by obstructing the police officers from performing their official duties. In light of the content of the crime, the relevant criminal act is heavy; the Defendant did not receive or agree on a letter from the victimized police officers; in our criminal litigation law, which takes the trial-oriented principle and the principle of direct supervision, there exists the unique area of the first deliberation as to the determination of sentencing; in comparison with the first instance trial, there is no change in the conditions of sentencing; and the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances for the Defendant recognized earlier do not correspond to the change of circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced; and it does not seem that the lower court’s unfair punishment against the Defendant was too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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