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(영문) 부산지방법원 2016.07.28 2016노1385
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Each of the instant crimes committed by the Defendant, which interferes with the restaurant business, and the police officers dispatched after receiving a report of interference with the business, were assaulted by the Defendant, such as the Defendant’s satisfeing the chest of a police official, and the Defendant’s satfeing him, etc., and such offense is not good in light of the motive and means of the crime, and the crime of obstructing the performance of official duties requires strict punishment for resolving the public morals emphasizing legitimate public power and establishing legal order, etc.

However, considering the fact that the defendant is making a confession of each of the crimes of this case, that there was no particular criminal history except that the defendant has been punished once by a fine for 29 years prior to the execution of official duties, that the defendant deposited KRW 1 million for the police officer of the crime of obstructing official duties in the court below, that the police officer submitted a written application not to punish the defendant, that the victim does not want the punishment of the defendant in consultation with the victim of obstructing official duties, and that the victim does not want the punishment of the defendant, and other various circumstances that form the conditions for the sentencing as indicated in the records and theories of this case, such as the defendant's age, sex, sex, environment, family relationship, means and consequence after the crime, etc., it cannot be deemed unfair because the sentence imposed by the court below is too una

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.

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