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(영문) 부산지방법원 2016.12.15 2016노3303
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 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, background leading to a crime, method and method of a crime, and the circumstances after a crime, the punishment imposed by the lower court is too uneasy and unreasonable, in light of the following: (a) the Defendant’s confession of the crime of this case and the degree of violence that the Defendant used to police officers is not much serious; (b) there is no record of criminal punishment exceeding the same kind of power or fine; and (c) there is no other

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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