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(영문) 부산지방법원 2017.02.03 2016노4236
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The crime of this case, which is determined by the court below, is an unfavorable circumstance, where the defendant expressed a desire to a police officer and took the rank of a police officer one time by hand, and where the police officer was removed by his hand, thereby obstructing the execution of his duties. The crime of obstructing the performance of official duties requires strict punishment in order to establish a legal order, and the fact that the defendant was unable to receive a letter from a police officer who suffered damage, etc.

However, it is necessary to respect the judgment of the court below because 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 circumstances and result of the crime of this case, such as the circumstance after the crime of this case, the situation after the crime of this case, the character and conduct of the defendant, the environment and age of the defendant, etc., the defendant suffers from light evidence accompanied by depression and impulse control and the defendant did not participate in the thought that the reported case was not properly handled at the time of this case under the influence of alcohol at the time of this case, and the crime of this case was committed in this case, and the degree of violence is minor and the degree of interference with the execution of official duties is not severe, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

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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