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(영문) 부산지방법원 2016.09.29 2016노918

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of such factors as: (a) the Defendant interfered with the performance of official duties by a police officer in a way that directly assaults the police officer; (b) the specific assault and the degree of desire, etc., the Defendant’s act cannot be deemed to be somewhat less than that of the Defendant, but taking the attitude of recognizing and reflecting the Defendant’s mistake by a university student aged 24; (c) the Defendant appears to have committed the instant crime by drinking; (d) the Defendant appears to have committed the instant crime by contingency; and (e) other circumstances such as the Defendant’s character, character, environment, criminal background, and circumstances after the commission of the crime, etc., the punishment sentenced by the lower court is within

The decision is judged.

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.