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(영문) 부산지방법원 2015.08.28 2015노1977
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. In full view of all the facts pertaining to the sentencing stated in the Defendant’s age, family relation, and other records and arguments, the prosecutor’s assertion is without merit, since the Defendant is the primary offender, the degree of assault by the Defendant is not serious, the Defendant’s depth is against and the prevention of recurrence is committed, the Defendant appears to have committed the instant crime in contingency under the influence of alcohol, and the Defendant’s age, family relation, and all other matters pertaining to the sentencing specified in the record and pleading of this case.

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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