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(영문) 부산지방법원 2014.11.28 2014노3237
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unhued.

2. Each of the crimes of this case committed by the Defendant on the ground that the victim D was blicking and flicking on the ground that the Defendant committed the instant crime, and the police officer investigating the said assault case asked the Defendant’s personal information, thereby obstructing the performance of official duties by assaulting the said police officer on the ground that it is extremely bad to ask the Defendant to ask him/her about his/her personal information, and in light of the circumstances of the crime, etc., the instant crime was not easy, and the crime of obstructing the performance of official duties is not poor, and the crime of obstructing the performance of official duties is necessary to establish the state’s legal order and eradicate

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes and against his mistake; (b) the degree of damage is relatively minor; (c) there is no history of criminal punishment other than a fine imposed on December 2, 1982 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (d) the disabled class 6 disabled persons with disabilities with a physical disability; (e) there is no family member to provide support; and (e) economic situation is not significant; and (e) the lower court appears to have determined the sentence against the Defendant by taking account of various circumstances; and (e) other circumstances, including the Defendant’s age, environment, occupation, family relationship; (e) the circumstances leading to each of the instant crimes; and (e) the circumstances after the crime, etc., the lower court’s sentence cannot be deemed unfair

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 as it is without merit. It is so decided as per Disposition.

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