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(영문) 부산지방법원 2016.07.22 2016노1938
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the defendant made a confession of all the crimes of this case and reflects his mistake in depth, and that the victim of the crime of interference with the business of this case does not want the punishment of the defendant, and that the defendant agreed with the above employee of the above victim smoothly.

However, the crime of this case was committed by the defendant by force, thereby obstructing the police officer from performing his/her duties by threatening a police officer, who is a dangerous object, by carrying him/her, and threatening him/her to commit the crime. In light of the method and contents of the crime, etc., the quality of the crime was very poor. The defendant was sentenced one time to imprisonment and three times of fines due to interference with the performance of official duties and duties. In particular, on April 29, 2015, the Busan District Court completed the execution of the above punishment on October 28, 2015 on the ground that he/she was sentenced to six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitive vehicles) at the Busan District Court for the crime of intimidation on February 4, 2016, and committed again during the period of the execution of the above punishment, since he/she was sentenced to four months of imprisonment with prison labor on February 25, 2016, the method and scope of obstructing the performance of official duties and the sentencing guidelines of this case.

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