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(영문) 부산지방법원 2014.10.08 2014노2692

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (hereinafter referred to as a fine of KRW 3,000,000) is too unhued.

2. The court below determined the punishment by comprehensively taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., in light of the fact that the defendant recognized the crime of this case and reflects the punishment of this case, that the defendant did not have any record of punishment heavier than the fine, that there was no previous sentence, and that the degree of the assault of this case does not seem to exceed the degree of the assault of this case, and that the damage to the police officer was recovered. In addition, in full view of all the matters concerning the sentencing specified in the records and arguments of this case, the court below's above sentencing is deemed appropriate

3. Therefore, 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. It is so decided as per Disposition.