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(영문) 부산지방법원 2017.04.13 2016노4116
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant 4,00,000 won is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case committed by the Defendant on his hand is found to be disadvantageous to the Defendant, in light of the fact that the police officer dispatched by the Defendant upon receipt of the report was obstructed from performing official duties by the police officer on his hand, and that the direct use of force on the body of the police officer was not easy.

However, considering the fact that the defendant led to the confession of the crime in this case and reflects the defendant's depth in the course of committing the crime in this case, the defendant seems to have committed the crime in this case by drinking, and that the defendant was likely to have committed the crime in this case by drinking, the defendant deposited a considerable amount for the police officer suffering from a criminal punishment, the defendant's family has no record of criminal punishment, the defendant's family lives in Korea, and the defendant's parents are responsible for his family's livelihood due to good health, and the defendant's age, sexual behavior, environment, etc., and all other circumstances, which form the conditions for sentencing as shown in the argument in this case, such as the defendant's age, sexual behavior, environment, etc., the defendant's punishment against the defendant cannot be deemed to be unfair because it is too uneasible as the prosecutor's assertion, and it

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is as stated in the corresponding column of the judgment below.

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