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(영문) 부산지방법원 2016.05.13 2015노4703
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and two months of imprisonment, two years of suspended execution and two years of protection, observation of alcohol treatment lectures, 80 hours of community service, 80 hours of community service) against the Defendant on the summary of the grounds for appeal is deemed unreasonable.

2. It is recognized that each of the instant crimes committed with respect to the same apartment for a long time is highly poor that the crime was committed against residents or police officers living in the same apartment without any reason.

However, in full view of the favorable circumstances, such as the Defendant’s violation of each of the instant offenses, such as the prohibition of future drinking, drug treatment, etc., and the fact that the Defendant seems to have been able to receive assistance from his family, and other various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, the circumstances after the crime, the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasy and unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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