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(영문) 부산지방법원 2017.05.12 2017노86

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too minor.

2. In full view of the circumstances in favor of the court below, including the favorable circumstances (the agreement, confession, and the fact that there is no record of criminal punishment except for two different kinds of fines) and unfavorable circumstances (the crime of this case is committed by the Defendant’s act of damaging another’s property and by using violence to police officers after being arrested as an offender in the act of committing an act of committing an offense) as stated in the grounds for sentencing, the court below’s judgment of sentencing exceeded the reasonable limits of discretion, in light of all the circumstances in the arguments and records of this case including the Defendant’s age character and character character, intelligence environment, motive and means of committing an offense, and circumstances after

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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. It is so decided as per Disposition.