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(영문) 제주지방법원 2015.12.03 2015노527

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and assaulting a police officer who was dispatched to the police station due to his wife’s report while engaging in a dispute with his wife, etc., are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the first offender who has no record of criminal punishment; (c) the degree of exercising force against a police officer; and (d) the Defendant’s age, environment, and circumstances before and after the instant crime; and (c) the sentencing conditions specified in the instant argument, such as the Defendant’s age, environment, and circumstances before and after the instant crime, it cannot be deemed that the Defendant’

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.