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(영문) 광주지방법원 2016.10.26 2016노927

위계공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant committed the instant crime at a short time by making a false report to 112 on several occasions during the short term so that the police manpower required to put in an urgent and important case was wasted to the Defendant’s handling of a false report case. The nature of the instant crime is not good. The Defendant was deemed to have suffered significant damage to singinging-up operators, etc. subject to reporting. The Defendant committed the instant crime without being sentenced to four months of imprisonment for the crime of interference with business, etc. on August 14, 2014 and completed the execution of the sentence on June 9, 2015.

On the other hand, it is advantageous to the fact that the defendant's mistake is properly recognized and reflected by the defendant, that the defendant agreed to the extent of damage caused by the crime of this case with the main singing room business operator, that his family members and neighbors agree to the defendant's preference against the defendant, that the defendant has to support his old old elderly women, and that the defendant is under the circumstances that he should voluntarily register the crime of this case with the addiction control center to the extent that he is aware of the crime of this case and to solve the drinking problem, and voluntarily register the crime of this case with the addiction control center and receive counseling and education to the present time.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since 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 ground that it is without merit. It is so decided as per Disposition.