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(영문) 부산지방법원 2017.09.28 2017노2375

특수공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, 40 hours of violent therapy lectures and alcohol therapy lectures, and 40 hours of community service order) against the Defendant based on summary of the prosecutor’s appeal grounds is deemed to be too uneasy and unreasonable.

2. The crime of this case committed by the Defendant is deemed to interfere with the police officer’s performance of duties, such as: (a) the Defendant, under the influence of alcohol in a singing room operated by the Defendant, destroyed an article in which the Defendant was under the influence of alcohol; and (b) the police officer, who was called out upon receiving a report, takes a bath to the police officer; and (c) the Defendant’s act was committed with heavy liability in light of the substance of the

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, there is no record of the crime exceeding the fine of the defendant, and the family and relatives of the defendant seems to be clear that his social relation is obvious, such as the defendant's prior domicile, and our criminal litigation law taking the trial-oriented principle and the direct principle, where there exists the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial and the first trial sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized above do not fall under any special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and where the conditions of the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., are considered, the sentence against the defendant is too unfair and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.