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(영문) 부산지방법원 2016.09.22 2016노2091
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant while taking a bath against a police official on duty, requires strict punishment of the Defendant in order to eliminate the public power and establish a legal order by taking advantage of the fact that the Defendant committed an assault against a police official on duty, and that a police official wanted to punish the Defendant.

However, considering various sentencing conditions, such as the Defendant’s confession of the instant crime and the degree of assault committed by the Defendant to police officers, the Defendant’s primary offender, the Defendant’s age, sexual conduct, environment, circumstances leading to the Defendant’s crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and 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.

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