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(영문) 부산지방법원 2017.04.14 2016노4323
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (in each case, sentencing is unfair) of the lower court’s punishment (in each case, a fine of KRW 3 million, Defendant B: a fine of KRW 4 million) is too uneased and unreasonable.

2. In addition, the crime of this case committed by Defendant B to the police officers upon receiving a report of 112, and the crime of this case was committed by Defendant B to the police officers, which is not against the nature of the crime.

However, Defendant A is an initial offender, and Defendant B did not have any criminal record other than a fine on one occasion, the Defendants reflect the crimes, and the Defendants’ age, sex, motive, means and consequence of the crimes, and the circumstances after the crimes, etc. are taken into account, it cannot be said that the lower court’s punishment against the Defendants is too uneasible and unfair.

Therefore, the prosecutor's improper argument in sentencing is without merit.

3. The Prosecutor’s appeal against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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