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(영문) 부산지방법원 2015.12.11 2015노2120
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. In light of the law and content of the crime of this case, the crime of this case was committed against F and G sent by the Defendant upon receiving a report of 112 and obstructing the legitimate execution of duties by the police officers, such as assaulting the above police officers G while taking a bath to F and G, etc. In light of the fact that the nature of the crime was inferior in light of the law and content of the crime, and that it is deemed that the agreement with the above police officers or the recovery of damage was not properly made until the trial at the trial, it is necessary to hold the Defendant liable for strict liability corresponding

However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime in depth; (b) the Defendant did not have any other criminal records except criminal punishment once a fine is imposed due to violent crimes in around 1999; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) all the sentencing conditions as shown in the argument in the instant case, including the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower

Therefore, the prosecutor's above assertion is not accepted.

3. 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.

(However, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, it shall be corrected that the "Criminal Code" of the second 14 lines of the judgment of the court below is "each Criminal Code".

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