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(영문) 전주지방법원 2017.01.20 2016노1595

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (including six months of imprisonment and two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant destroyed the victim F’s property, and assaulted the police officer’s balths, bals, and salkes with the 112 reported, thereby obstructing the police officer’s legitimate execution of his duties. In order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the Defendant for a crime interfering with the performance of official duties.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake thereof in depth, there was no record of criminal punishment or criminal punishment exceeding the fine for the same crime before, and the fact that the court below did not want the punishment of the defendant under an agreement with the FF as the victim of the crime of destruction of property and attempted intrusion at the court below is favorable to

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. 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.