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(영문) 부산지방법원 2017.11.21 2017노3676
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination of the instant crime is recognized that each of the instant crimes committed by assaulting police officers performing official duties, obstructing the performance of official duties, and causing bodily injury, and that there is a need to strictly punish them in light of the recent situation of public authority, and that police officers did not receive any brupt from the victim police officers.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., when he/she led to the confession of all of the crimes, the lower court’s punishment is too unfeasible and unfair.

Therefore, prosecutor's assertion is without merit.

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, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)

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