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(영문) 부산지방법원 2016.09.01 2016노1834
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. The offense of obstruction of the performance of official duties is an unfavorable circumstance to the Defendant, where the Defendant has been punished three times by a fine, in order to eliminate a rumor emphasizing a legitimate public authority and establish a legal order.

However, taking into account the following circumstances, the Defendant’s confession of the instant crime and the fact that the police officer who committed the obstruction of performance of official duties submitted a written application for punishment to the effect that the police officer does not want to be punished by the Defendant, the social ties of the Defendant are clear, and the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, and other various circumstances that form the conditions for sentencing as shown in the records and arguments, such as the circumstances after the commission of the instant crime, it is difficult to deem that the sentence imposed by the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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