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(영문) 부산지방법원 2016.06.02 2016노154

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant took a bath for a police officer performing official duties, removed a check of his uniforms, obstructed the legitimate performance of duties by obstructing the use of official duties, and where it is necessary to strictly punish the crime of interference with the performance of official duties, such as this case, in order to eliminate a rumor where the legitimate public authority is light, and to establish a legal order.

However, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant did not have any particular criminal history as well as being punished by a fine on one occasion due to the crime of drinking driving; and (c) the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (d) the conditions of sentencing as indicated in the records and theories on changes, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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.