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(영문) 부산지방법원 2016.01.15 2015노3904
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment and 2 years of suspended execution) is unreasonable because it is too unfasible.

2. The court below's reasoning is without merit, in full view of all other matters concerning the sentencing as indicated in the records and arguments of this case, including the following facts: (a) the Defendant was not guilty in light of the contents of the crime of this case; (b) the Defendant had three different types of records (one time of suspended execution, two times of fine); and (c) the Defendant did not have any particular effort to recover from the damage of this case; (d) the Defendant is against the Defendant; (e) the Defendant has no same record; and (e) the extent of the damage of this case is relatively heavy; and (e) other matters concerning the sentencing as indicated in the records and arguments of this case, including the background of the crime of this case, the Defendant's age, occupation, sex, environment, circumstances after the crime, and risk of recidivism.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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