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(영문) 부산지방법원 2017.12.22 2017노2885
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Although the Defendant’s mistake in the police box that the Defendant was punished by the disturbance of the State, and that the police officer exercised violence, the Defendant’s mistake is against the police officer, and there is no same criminal record, and the degree of assault is not serious.

In addition, considering the economic situation where the defendant is supported by five children and her mother as a basic livelihood recipient, it cannot be said that the court below's fine is too uneasible and unfair.

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

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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