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(영문) 전주지방법원 2019.10.16 2019노1084

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of KRW 3,00,000) of the lower court is too uneased and unreasonable.

Judgment

The crime of this case prevents police officers from performing their legitimate duties by cutting off the arms of police officers or blocking the front of the crime of this case. In light of the circumstances, means, methods, and results of the crime, the nature of the crime is heavy, and the possibility of criticism is also high.

In order to establish the law and order of the state and eradicate the light of the public authority, it is necessary to punish the crimes of obstruction of the performance of official duties, such as this case.

However, the defendant repented his wrong and runs against his depth.

The crime of this case was committed in the course of resisting the methods of performing duties by police officers dispatched after receiving a report on illegal business by singing, and some of the motives to commit the crime were considered.

Considering these circumstances favorable to the defendant in light of the defendant’s age, character and conduct, environment, family relationship, means, results, etc., the sentencing of the defendant by the court below seems to have been appropriately determined in full consideration of all the circumstances.

Therefore, prosecutor's assertion is without merit.

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.