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(영문) 부산지방법원 2016.07.08 2016노1323

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant spits, spits, etc. in a restaurant operated by the victim D in a state of mental and physical weakness caused by spits; (b) the Defendant interfered with the above restaurant business by taking advantage of spits, etc.; (c) the Defendant spits, spits, etc. with the 112 notification, and obstructed the police officers from performing their official duties by taking advantage of spits, etc. with the spits, etc. of the police officers G, and at the same time, inflicted injury on G police officers; and (d) even after moving to the police station, the Defendant interfered with the police officers’ performance of official duties by taking advantage of the details and methods of the crime; and (d) the Defendant was sentenced to a suspended sentence of imprisonment for 10 years on August 13, 2015 by obstructing the performance of official duties by Busan District Court and the Defendant was determined during the suspended sentence of execution of duties by the police officers, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant did not want the punishment of the said victim by mutual consent with the victim D at the lower court; (c) the Defendant committed the instant crime under the mental and physical weakness caused by the early appearance of evidence; (d) the Defendant’s family members committed the instant crime; and (c) the Defendant’s family members are given mental treatment and mental therapy after thoroughly examining the Defendant; and (d) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and the circumstances before and after the instant crime, the lower court’

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.