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(영문) 부산지방법원 2015.09.17 2015노2001
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the main sentence conditions of the grounds for appeal, the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The act of obstruction of performance of official duties of this case, which assaults the police officers in the process of performing official duties intending to escape the defendant who is under the influence of judgment on the grounds of appeal, needs to be done solemnly because it seriously infringes upon legitimate public authority.

However, in full view of the following: (a) the Defendant did not have any history of punishment for the same crime; (b) recognized the instant crime as a single crime; and (c) the instant crime was committed by a contingency under the influence of alcohol, and the degree of obstruction of performance of official duties is not much serious; and (d) other various circumstances, such as the motive, circumstance, means, and consequence of the instant crime; and (e) the conditions for sentencing specified in the instant records and pleadings, such as the circumstances after the instant crime, are too

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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