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(영문) 부산지방법원 2015.01.08 2014노2964
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles on the day of the instant case where there is no person on the truck parked before the center for senior citizens, the Defendant extracted the key of the vehicle from the view that the vehicle is displayed on the front of the center for senior citizens, and then leaving the said key to K at the center for senior citizens' clubs and left the said key to K at the center for senior citizens' clubs, she was posted his clothes on the front of the truck, and only her clothes was fastened on the front part of the crime of obstruction of performance of official duties, and there was no assault or intimidation against the public official in charge of performing his duties. However, the lower court erred by misapprehending the fact that the Defendant recognized the crime of obstruction of performance

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The Defendant made a confession of the facts charged in this case in the court of original instance regarding the assertion of mistake of facts, and there is no reason to suspect the voluntariness of confession, and there is also sufficient evidence to support it, and there is no new circumstance to reverse it even after examining the witness K’s oral statement in the court of original instance. Therefore, the court below’s finding the Defendant guilty of the facts charged in this case based on the evidence presented

B. In light of the fact that the Defendant committed the instant crime, even three times of the past records of punishment for the same offense in the judgment on the assertion of unfair sentencing, there is a risk of re-offending in light of the fact that the Defendant again committed the instant crime; the Defendant’s act at the investigation stage and the instant crime that was led to the Defendant’s confession in the original trial falls short of anti-discrimination light, such as denying it again; there is no change of circumstances that may be otherwise considered in sentencing after the sentence of the lower judgment; and there is no other change of circumstances that may be considered in light of the motive and background of the instant crime; the Defendant’s age,

3. In conclusion, the defendant's appeal is without merit.

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