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(영문) 부산지방법원 2017.09.19 2017노2236
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination of each of the instant crimes is acknowledged that each of the instant crimes committed by the Defendant, obsting the police officers who have expressed desire to the performance of official duties, insulting and assaulting the police officers to obstruct the performance of official duties, and there is a need to strictly punish them in light of the recent situation of public authority, not receiving a letter from the victimized police officers, and there is a history of having been punished as a crime of insult against the police officers around 2012.

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the offense, the lower court’s punishment is too unfluent and unreasonable, in light of the following factors: (a) the Defendant led to the confession of all of the instant offenses; (b) there was no history of punishment heavier than the fine; and (c) the degree of assault was not heavier than the fine; and (d) the Defendant’s age, sexual conduct, environment; and (b) the motive, means

Therefore, 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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