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(영문) 부산지방법원 2015.12.03 2015노2985
공무집행방해등
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 penalty of KRW 4.5 million is deemed to be too unhued and unreasonable.

2. The crime of this case as to the grounds for appeal of this case is likely to inflict bodily injury upon the victim on the ground that the defendant might escape from a disturbance within the previous vehicle, and furthermore, the crime of this case is likely to interfere with the performance of official duties by assaulting the police officer in the course of performing official duties after receiving a report, such as taking a bath to the police officer, and taking a step off to the police officer in the course of performing official duties. The crime of this case is not likely to cause severe disast

However, in full view of the following circumstances: (a) the Defendant has no criminal history other than three times of fine due to traffic-related crimes; (b) the Defendant recognized all of the instant crimes and reflects the depth thereof; (c) the Defendant committed the instant crimes by contingently under the influence of alcohol; (d) the victim and the police officer discovered the victim and the victimized police officer, and thus, the victim and the above police officer did not want to punish the Defendant by using the Defendant; and (e) other various circumstances, such as the Defendant’s age, character and conduct, background of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, the sentence imposed by the lower court cannot be deemed to be 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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