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(영문) 부산지방법원 2017.10.10 2017노2988
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of this case is acknowledged that the Defendant assaulted a police officer who performed official duties to obstruct the performance of official duties, and there is a need to strictly punish the Defendant in light of the recent situation of public authority, such as the fact that the Defendant has been subject to a fine for several times, the Defendant has been subject to suspended execution, and there is a history of punishment for the same kind of crime, and that the Defendant has failed to receive a letter from the victimized police officer.

However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)

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