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(영문) 부산지방법원 2017.01.13 2016노4251
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 is an unfavorable circumstance where the crime of this case is committed by the Defendant, who takes a bath against a police officer in uniform, and assaulting the chest, thereby obstructing the performance of his duties. The crime of obstructing the performance of official duties requires strict punishment in order to establish legal order, and the Defendant’s failure to take care of the police officer who suffered damage, etc.

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 to 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 following: (a) the defendant reflects in depth the crime of this case; (b) the defendant committed the crime of this case in a contingent manner under the influence of alcohol; (c) the degree of violence is minor and the degree of interference with official duties is not severe; and (d) the defendant did not have any same criminal record and no criminal record other than a fine once; and (e) the details and result of the crime of this case, including the circumstances after the crime, character and conduct, environment, age, etc. of the defendant, which are the conditions of sentencing specified in the records

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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