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(영문) 광주지방법원 2016.01.26 2015노2696

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service work hours of one hundred and twenty hours) is deemed to be too uneasy and unfair.

2. In full view of the factors behind the crime that included interference with the performance of official duties in 2013, including imprisonment for 8 months, 2 years of suspended sentence, 2 years of probation observation, community service, and 80 hours of probation, the Defendant’s unfavorable sentencing factors, such as the fact that the period of suspended sentence does not significantly exceed the period of probation, and that the Defendant reflects the Defendant’s criminal act, and the favorable sentencing factors, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the scope of recommended sentencing guidelines (from 6 months to 1 year April) do not seem to be unfair because the Defendant’s sentence against the Defendant is too uneasible.

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.