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(영문) 부산지방법원 2014.06.26 2014노1239

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (a fine of three million won) is too unhued and unfair.

Judgment

Even before the crime of this case was committed, the Defendant had been punished 19 times in total, including criminal punishment of the same crime five times prior to the crime of this case. In particular, the Defendant committed the crime of this case without any reflection even though he was sentenced to 10 months of imprisonment for the same crime, even though he was committed for a repeated crime, etc., is disadvantageous to the Defendant. However, considering the motive and circumstance of the crime of this case, the Defendant’s confession and reflects all of the crime of this case, the degree of assault against police officers is relatively heavy, and other various circumstances, which are the conditions of sentencing as specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and behavior,

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 groundless. It is so decided as per Disposition.