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(영문) 부산지방법원 2016.12.23 2016노3198
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is acknowledged that the Defendant, while driving a cargo vehicle, was controlled for a police officer E to wear a safety bell, and the Defendant resisted that the police officer wearing a safety bell, and that the Defendant obstructed the performance of official duties by pushing the chest part of the above police officer twice in good hand, and that the case is not easy, and that the Defendant’s crime of obstruction of performance of official duties, such as the crime of this case, needs to be punished for the purpose of establishing a state’s legal order and eradicating a light of public authority.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the mistake; (b) the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Punishment of Violences, etc. Act in 2004; (c) there is no history of any particular criminal punishment except for a crime of KRW 700,000; and (d) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) the circumstances before and after the instant crime; and (e) the conditions of sentencing specified in the records and arguments

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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