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(영문) 부산지방법원 2014.08.14 2013노3919
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of one million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We will examine the grounds for appeal of the Prosecutor and the Defendant in a lump sum.

In light of the fact that the defendant's repeated humiliations and assaults against the police officers in the performance of official duties and that the quality of the crime cannot be deemed to be light, and that the obstruction of performance of official duties is a light and infringement of legitimate public authority, and thus, it is necessary to give strict warning to the defendant.

However, considering the following circumstances: (a) the Defendant’s mistake as a primary offender; (b) the police officer’s failure to take the Defendant’s work at work without taking into account the Defendant’s circumstances leading to the Defendant’s failure to find the whereabouts; and (c) the Defendant appeared to have committed the remaining principal offense; and (d) above, there are circumstances to consider the motive and circumstances leading up to the Defendant’s failure to take into account; and (c) the Defendant’s recent physical and mental suffering from a traffic accident, the sentencing of the lower court seems to be appropriate.

3. As such, the appeal on the ground of unfair sentencing by the prosecutor and the defendant is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that the appeal is without merit. It is so decided as per Disposition.

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