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(영문) 부산지방법원 2016.08.18 2016노1656

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspension of execution in six months of imprisonment, one hundred and twenty hours of community service) is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant, upon receiving a report on the payment of taxi charges, assaulting a police officer’s chest, who was dispatched by the Defendant, with his or her chest, and subsequently frighted to wear the police officer’s work uniform or face while on patrols, and obstructed the driving of a police officer, taking the police officer’s duty uniform, and obstructing the relevant crime in light of the motive and means of the crime, the crime is not good in light of the motive and means of the crime, and the crime of obstructing the performance of official duties needs to be strictly punished in order to resolve the fluence of legitimate public power and establish a legal order, etc.

However, considering the following circumstances: (a) the Defendant’s confession of each of the instant offenses; (b) the Defendant has no record of committing a crime other than being subjected to juvenile protective disposition and suspension of indictment once each of the instant offenses; and (c) the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (d) other circumstances, which are the conditions for 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.