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(영문) 광주지방법원 2016.10.04 2016노402

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

It is recognized that the defendant did not interfere with the police officer's performance of official duties, but did not harm the police officer.

However, the defendant reflects the crime, committed a contingent crime, committed the crime of this case, and the degree of injury suffered by the victimized police officers is relatively large, and the defendant was punished by a fine in 199 and 2010, and there is no other criminal record except by a fine in 199 and 2010.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, it is not recognized that the lower court’s punishment is too uneasible and

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.