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(영문) 부산지방법원 2015.12.18 2015노3228
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a period of six months and one year of suspension of execution, confiscation) is too unhued

2. The crime of this case committed by the Defendant with a knife and by threatening a police officer on duty, and the crime of this case is deemed to be minor in light of the risk of crime, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant appears to have been detained for about two months in the instant case; (c) the Defendant was contingently committed in the course of threatening the children; (d) the Defendant has no record of criminal punishment heavier than a suspended sentence; (c) the Defendant has no record of criminal punishment prior to the suspended sentence; and (d) the Defendant has no particular criminal record related to violence except for those punished by a fine in violation of the Punishment of Violences, etc. Act in 2000; and (e) other circumstances, such as the Defendant’s age, environment, family relationship, the background leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentence of the lower court cannot be deemed to be unfair because

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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