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(영문) 부산지방법원 2016.09.08 2016노1940
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 (one year of suspended execution and a fine of 500,000 won for six months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant committed an assault against the police officer who was dispatched after receiving a report at the community service center, and it is not good to commit the crime, and where it is necessary to punish the obstruction of performance of official duties in order to establish the national legal order and eradicate the light of public authority.

However, considering various sentencing conditions, such as the Defendant’s confession of the instant crime and the Defendant’s mistake, the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant’s crime, the means and method of the crime, and the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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