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(영문) 부산지방법원 2016.09.08 2016노1233
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although the obstruction of performance of official duties should be punished strictly because the act of obstruction of performance of official duties is light of and infringing upon legitimate public authority, the defendant committed the crime of this case by contingency under the influence of alcohol, and all of the crimes of this case are recognized and reflected. The degree of obstruction of performance of official duties of this case is not much serious, and damage caused by the crime of this case is relatively minor, there is no record of criminal punishment exceeding a fine, and there is no record of criminal punishment for the same crime, and considering the favorable circumstances such as the defendant's age, character and behavior, environment, the circumstances of the crime of this case, and the circumstances after the crime of this case, the punishment of a fine of KRW 3 million imposed by the court below within the proper scope of discretion of sentencing.

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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