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(영문) 부산지방법원 2016.08.26 2016노1044

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case is found to have been committed by the Defendant on September 24, 2015, under the influence of alcohol, on the part of the police officer C, who was sent to the Defendant upon receiving a report of 112 and walking the clothes of the said police officer, and the facts and circumstances leading up to the crime are not easy in light of the content of the crime and the circumstances. In order to establish the State’s legal order and to eradicate the light of the public authority, the crime of interference with the performance of official duties, such as the crime of this case, requires strict punishment. The Defendant was sentenced to imprisonment, on September 16, 2015, on the ground of the crime of violation of the Road Traffic Act, at the Changwon District Court’s Tong Branch Branch Branch Branch Branch of the Changwon District Court sentenced two years of a suspended sentence of eight months, and the said judgment became final and conclusive on September

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the Defendant did not have any criminal record identical to that of the Defendant; and (c) the Defendant’s age, sex, environment; (b) the process and consequence of the instant crime; and (c) the circumstances after the instant crime; and (d) the sentencing conditions specified in the records and pleadings, the sentence of the lower court is too uneasible

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.