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(영문) 부산지방법원 2017.10.13 2017노2348
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is acknowledged that the Defendant interfered with the performance of official duties by threatening or assaulting a police officer in the course of performing official duties, and there is a need to strictly punish the Defendant in light of the recent public authority, the Defendant has been punished several times due to the invalidation of documents for official use, etc., and the Defendant did not receive a letter from the victimized police officer.

However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is without merit and is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, since it is obvious that “Policeman” in the judgment of the court below is a clerical error in the judgment of the court below, since it is obvious that “Police” in the judgment of the court below is a policeman Gman, it is corrected ex officio pursuant to Article 25(1) of the

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