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(영문) 부산지방법원 2017.06.30 2017노1043
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (in each case, sentencing is unfair) of the lower court’s punishment (in each case, fines of KRW 3.5 million, Defendant B: Imprisonment with prison labor for April, and 2 years of suspended execution) is too uneasy and unreasonable.

2. The judgment of the Defendants committed a failure in the park and obstructed the performance of official duties, and the attitude of the investigating authority after the arrest is bad, and Defendant B had the same criminal records. However, the Defendants are against the crime, and the degree of assault by the Defendants is serious.

It is difficult to see, and Defendant A has no criminal record exceeding the same kind of punishment or fine.

In addition, considering all the sentencing conditions, such as the age, sexual conduct, motive, consequence, and circumstances after the crime, the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's argument of improper sentencing against the defendants is without merit.

3. The Prosecutor’s appeal against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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