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(영문) 부산지방법원 2016.12.15 2016노3794
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The instant crime committed by the Defendant was committed against two police officers in the course of performing legitimate official duties, and there is a need for strict punishment against the Defendant in order to eliminate the public power and establish a legal order.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, circumstances leading to a crime, method and method of a crime, and the circumstances after a crime, the sentence imposed by the lower court is too uneasible and unreasonable, in light of the following: (a) the Defendant led to the confession of the instant crime; (b) the degree of violence that the Defendant used to police officers is not much serious; and (c) there is no force to commit any crime; and (d) the Defendant’s age, character,

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.

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