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(영문) 부산지방법원 2017.10.13 2017노2201
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the fact that a person did not receive a letter from a victimized police officer is disadvantageous to the defendant.

However, in full view of the facts that the court below recognized and reflected the crime, and the fact that there is no same criminal record, etc., equity in sentencing with similar cases in favor of the defendant, and other various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, it is difficult to deem that the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above argument of sentencing is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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