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(영문) 부산지방법원 2016.12.23 2016노3678
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the penalty (1.5 million won of a fine) declared by the court below against the defendant is too unhued.

2. The crime of this case is disadvantageous to the following: (a) the Defendant committed the crime of this case by assaulting the police officer in uniform, thereby obstructing the performance of his duties; (b) the obstruction of performance of official duties requires strict punishment to establish legal order; and (c) the fact that the Defendant was unable to take advantage of the police officer who suffered the injury.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. In full view of the favorable circumstances such as the fact that the defendant reflects the crime of this case in depth, that the defendant committed the crime of this case in contingency under the influence of alcohol, that the defendant committed the crime of this case, that the degree of physical records by the defendant was not much severe, that the defendant did not have any specific criminal record other than the previous and two fines, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, character and behavior, the defendant's character and environment, age, etc., the sentencing of the court below

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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