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(영문) 부산지방법원 2017.08.17 2017노2023
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant recognized each of the crimes of this case, and that there was an agreement with the victim for obstruction of business and damage to property, etc.

However, even though the Defendant was sentenced to one year of suspended sentence on March 24, 2016 due to the obstruction of the execution of official duties, the Defendant committed the instant crime of obstructing the execution of official duties in addition, there is doubt as to whether the Defendant committed the instant crime of obstructing the performance of official duties without being aware of in the trial of the instant case interfering with the performance of official duties, and thereby committed the instant crime of obstructing the performance of duties and destroying property, and thus, is against the Defendant’s authenticity.

In addition, the sentence imposed by the court below is not heavier when comprehensively taking into account the following factors: the defendant's age, sex, environment, etc. and various conditions of sentencing as shown in the records of this case and the change of the environment.

3. Accordingly, 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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