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(영문) 부산지방법원 2016.11.18 2016노1645
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment and eight hours of social service) is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime and reflects his depth on his mistake, and the fact that the said police officer wanted to take the Defendant’s wife by mutual agreement with the victimized police officer.

However, the crime of this case prevents police officers from performing their legitimate duties regarding the prevention, etc. of crime by assaulting the FF of the victimized police officer who was dispatched after receiving 112 report. In light of the content of the crime and the method of the crime, it is considerably poor in light of the nature of the crime, the defendant has a record of criminal punishment three times a fine due to violent crime, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions specified in the argument of this case, such as equity in sentencing with the same or similar incidents, Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below falls under the basic area of the "Obstruction of Performance of Official Duties" of the sentencing guidelines for the crime of obstruction of performance of official duties according to the sentencing guidelines, and thus the scope of the sentence of the recommendation is six months to one year and four months.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase "relevant Article" of the second half of the judgment of the court below shall be corrected to mean "the relevant Article and the choice of punishment".

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