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(영문) 부산지방법원 2014.11.13 2014노3091
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. In light of the fact that the defendant, even though he had been punished several times due to the crime of obstruction of performance of official duties, assaults against the police officer in the performance of official duties, it is necessary to strictly punish the defendant.

However, it appears that the defendant was unable to properly grasp the situation at the time of the crime of this case due to the fact that he was under the influence of alcohol at the time of the crime of this case. The degree of assault was not serious and the victim police officer did not differ. The defendant supported two children under the condition that he was under the influence of the punishment for the last five years, and the defendant supported two children without the record of punishment for the past five years, and there was little need to find the damaged police officer after the crime, there was no change in circumstances that are considered in sentencing after the sentence of the court below, and there are other various circumstances that are considered in sentencing conditions in this case, such as the motive and circumstance of the crime of this case, the age and character and conduct of the defendant, and the environment, the sentencing of the court below seems appropriate.

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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