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(영문) 부산지방법원 2015.04.02 2015노326
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 (the fine of KRW 7,00,000,000 per day) is too uneased.

2. Although there are circumstances where the Defendant repeatedly committed the instant crime even though he had been punished several times prior to the instant crime, such as the crime of injury and the crime of violation of the Punishment of Violences, etc. Act, the Defendant committed the instant crime by contingency while drinking, the Defendant committed the instant crime by drinking, the degree of violence is minor, the Defendant supports the aged’s parents and two children, there is no change of circumstances unfavorable to sentencing after the sentence of the lower judgment, and any other conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, method of crime, circumstance after the crime, etc., are considered, and the sentence imposed by the lower court may be determined as appropriate.

Therefore, the prosecutor's above assertion is without merit.

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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