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(영문) 부산지방법원 2018.06.22 2018노1341
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too minor.

2. In full view of all the conditions of the argument and the records of the instant case including the circumstances unfavorable to the police officer (abbsently, assaulting a police officer in the course of performing his/her official duties, and the nature of the crime is bad) and favorable circumstances (absently, the degree of violence is not excessive) as stated in the reasoning of sentencing, the lower court’s judgment exceeded the reasonable limit of discretion, in light of the following factors: (a) the Defendant’s age character and character intelligent environment; (b) motive means of the crime; and (c) the circumstances after the crime

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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

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