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(영문) 서울중앙지방법원 2019.01.17 2018노2835

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of obstruction of the performance of official duties needs to be punished strictly as it disturbs public order by nullifying legitimate exercise of public authority.

Considering the attitude of the act in this case and the degree of violence, the liability for the crime is not somewhat weak.

Such circumstances are disadvantageous to the defendant.

However, the defendant recognizes the crime and repents the wrongness in depth.

The defendant found the damaged police officer in order to kill, and prepared and submitted a letter of apology and letter.

In light of the motive and circumstances of the crime, it seems that the crime was committed contingently.

The defendant has no criminal records subject to criminal punishment for his/her old age.

Such circumstances are favorable to the defendant.

In addition, comprehensively taking into account various sentencing conditions shown in the records and arguments, such as the character, conduct, environment, family relationship, health status, social relationship, method and result of the crime, etc. of the defendant, the sentence of the court below cannot be deemed unfair because it goes beyond the reasonable limit of discretion.

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.