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(영문) 부산지방법원 2017.05.12 2016노5058

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although there are good circumstances such as the circumstance that the defendant, having the same criminal record as the judgment, committed the instant crime without being aware of himself during the period of probation, the instant crime appears to be contingent, the defendant recognized his mistake and reflects against him, the police officer committed the crime against the police officer immediately on the day of the instant case, and the probation is not the same kind of crime, and the probation is not the same kind of crime, and the above probation is not the result of the Defendant’s age and character, the background leading up to the motive and consequence of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., it cannot be said that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.