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(영문) 부산지방법원 2016.07.21 2016노1131

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 (six months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant assaulted the police officer who was on board the police station to arrest the Defendant’s daily behavior as an offender in the act of committing an offense and hand over a new illness to the police station, thereby obstructing the performance of official duties, and that such crime is not less complicated, and that it is necessary to punish the Defendant with strict punishment for obstructing the performance of official duties in order to establish the national legal order and eradicate the light

However, considering various sentencing conditions, such as the Defendant’s confession of the instant crime and the degree of exercise of force by the Defendant is relatively minor, the Defendant has no same criminal record and has no social ties, and the Defendant’s age, sex, environment, background leading to the instant crime, means and method of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because its punishment is too unfeasible.

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.