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(영문) 부산지방법원 2016.06.02 2015노4726
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is committed in a restaurant operated by the victim prior to the Defendant, and the Defendant took a bath on the ground that it would be bad to receive a penalty, thereby obstructing the restaurant business of the victim by avoiding the disturbance, and assaulting the police officer who was under surveillance after the Defendant was arrested as a current offender, and the nature of the crime is not very good. The Defendant’s history of punishment for violent crimes reaches 18 times, and committed the crime of this case during the period of repeated crime.

However, in light of the fact that the Defendant recognized all of the crimes of this case and made a mistake against the victim of the crime of this case, the police officer of the obstruction of performance of official duties agreed with the victim of the crime of this case, and the police officer of the obstruction of performance of official duties was subject to death, and the police officer appears to have committed the crime of this case under the circumstance that the Defendant suffered from a shock disorder requiring long-term medical treatment, and it appears that the Defendant has done his best to treat the above disease, and other various sentencing conditions such as the Defendant’s age, sexual behavior, environment, circumstance leading to the crime, method and method of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too uneasible and unfair.

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.

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