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(영문) 부산지방법원 2017.04.25 2017노477
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination of each of the instant crimes is recognized that each of the instant crimes prevents the Defendant from performing official duties by assaulting police officers in the course of performing official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public power, and that the Defendant did not receive a letter to the victimized police officers.

However, considering the fact that the Defendant led to the confession of the crime, and there is no past record of the punishment heavier than the fine, the degree of assault is not heavier than that of the Defendant, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, 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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