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(영문) 부산지방법원 2016.10.28 2016노3235
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

2. The crime of this case is an unfavorable circumstance, where the Defendant committed an assault against the chest of a police officer in uniform, and the quality of the crime is bad, and the obstruction of performance of official duties requires strict punishment in order to establish a legal order.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. In full view of the favorable circumstances such as the fact that the defendant reflects the crime of this case in depth, the fact that the crime of this case was committed in contingency under the influence of alcohol, the fact that the injured police officer agreed with the crime of this case, the circumstance and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, age, etc., and other circumstances that are conditions of sentencing as shown in the records and arguments of this case, the

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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