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(영문) 부산지방법원 2016.11.18 2016노3704
특수공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

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

2. It is recognized that the circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake in depth, and that he deposited KRW 300,000 for E, F and social work personnel for the purpose of fire officials E, F and social work personnel G, etc. at the time of the trial.

However, the crime of this case was committed by threatening the above fire officers and social work personnel who were dispatched with a knife knife, which is dangerous articles by carrying 119 reports, and thereby obstructing the legitimate execution of duties of the above fire officers and social work personnel. In light of the methods and contents of the crime, the crime was considerably poor. The defendant has served three times of suspended execution and ten times of fine due to obstruction of performance of official duties and violent crimes. In particular, on March 26, 2015, the crime of this case was sentenced to a suspended sentence of three years and six months of imprisonment with prison labor for violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Busan District Court's Dong Branch Branch of the Busan District Court on April 3, 2015. The crime of this case was committed in this case without being aware of during the suspended sentence period, and there were no special circumstances or changes in circumstances subsequent to the sentence of the lower court, and the crime of this case was committed under the sentencing guidelines as a matter of principle.

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