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(영문) 부산지방법원 2017.12.15 2017노3024

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the fact that the instant crime was committed without being aware of the period of suspension of execution due to the obstruction of the performance of official duties, etc., are disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the recognition of the crime, the fact that the crime is being committed, the fact that the victimized police officer was subject to death and deposited KRW 500,000,00 for the victimized police officer, and the fact that social ties seems clear, equity in sentencing with similar cases of the same kind, and other various sentencing conditions, such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to deem that the sentence of the court below is too unreasonable and unfair.

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.