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(영문) 부산지방법원 2016.11.18 2016노3180
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case, which was committed on November 27, 2012 by assaulting the police officers D and E who were dispatched by the Defendant after receiving the report of 112 to interfere with the legitimate execution of duties by the police officers as to the prevention, suppression, and investigation of the crime. In light of the relevant criminal law and its contents, the crime of this case is highly poor in light of the criminal law and its contents. The defendant has a record of serving a sentence once as sentence for the same crime and two criminal punishments under suspended execution, and in particular, on November 20, 2012, the Busan District Court sentenced six months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Busan District Court for the same crime of this case on April 27, 2013, and committed the crime of this case during the period of repeated crime.

However, in full view of the Defendant’s age, career, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable. In so doing, it is not recognized that the sentence imposed by the Defendant is unreasonable, considering the following: (a) the Defendant’s confession of the crime of this case and reflects the depth of the Defendant’s mistake; (b) the Defendant agreed with the victimized police officers; and (c) the degree of assault against the Defendant’s victimized police officers appears to be relatively serious.

Therefore, the prosecutor's above assertion is not accepted.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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