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(영문) 부산지방법원 2016.12.22 2016노3862

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The instant crime was committed against a police officer in the process of carrying out legitimate official duties, and thus, it is necessary to strictly punish the Defendant in order to eliminate the public power and establish a legal order, etc.

However, considering various sentencing conditions, such as the Defendant’s confession of the instant crime, which reflects the Defendant’s mistake, the degree of violence used by the Defendant is not much serious, and there is no criminal record related to the same kind of criminal record or violence, and the Defendant’s age, character and conduct, background leading to the instant crime, method and method of the crime, and circumstances after the crime, it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.