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(영문) 부산지방법원 2014.05.29 2014노192

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant was sentenced to a fine for the crime of obstruction of performance of official duties on the grounds that the defendant is a past repeated crime period, but again, the court below sentenced a fine of KRW 7 million to the crime of obstruction of performance of official duties on the ground that the defendant was sentenced to a fine for the crime of obstruction of official duties on the grounds that he is a repeated crime period. In addition, considering the defendant's

2. In light of the following circumstances: (a) the Defendant did not know even though he had much history of being punished as a crime of the same kind; (b) used violence to police officers another time during the period of repeated crime; (c) the obstruction of performance of official duties is an infringement of legitimate public authority; and thus, (d) there is a need to do solemnly; and (e) in the situation where police officers E, who received a report from neighboring residents, discovered the country in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front, it is necessary to confirm the physical safety of the resident; (b) even though the Defendant requested the opening of the front of the front of the front of the Defendant, the Defendant’s demand to answer

However, as it is in depth against the crime of this case, the defendant deposited KRW 500,000 in the future E in the context of the crime of this case, and the case was caused by assaulting I living together with the defendant at the time, and I still lives together with the defendant, and there are other various circumstances that are conditions for sentencing specified in this case, such as the defendant's age, character and conduct, and environment, it is reasonable to view that the amount of the fine of the court below is appropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.