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(영문) 부산지방법원 2015.11.20 2015노2837
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a period of six months and two years of probation, community service) is too unhued.

2. The instant crime of obstruction of performance of official duties is acknowledged in light of the following circumstances: (a) under the influence of alcohol, the Defendant interfered with the performance of official duties by drinking once a police officer, who was dispatched after receiving a report of the disturbance; and (b) there is no circumstance to consider the circumstances of the crime; and (c) the crime of obstruction of performance of official duties requires strict punishment by nullifying the legitimate exercise of governmental authority by unlawful means.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant committed assault once in this case; and (c) the Defendant did not cause more damage to the victimized police officer, such as the injury, etc.; and (d) the Defendant did not have any record of the same crime except for those punished by a fine of KRW 700,000 in 203; and (b) other circumstances that form the conditions of sentencing as indicated in the record, such as the Defendant’s environment, family relationship, the background leading to the instant crime, and the circumstances before and after the instant crime, the lower court’s sentence is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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