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(영문) 전주지방법원 2019.03.28 2018노1607

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - Unreasonable sentencing - The sentence of the lower court (basic fine of three million won) is too minor.

2. All circumstances asserted by the Prosecutor as an element of sentencing unfavorable to the trial in the lower court were revealed during the hearing of the lower court, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

There is a need to punish the police officers who wear static clothes, such as the grounds for appeal by the prosecutor, with the acts of assault.

However, the defendant recognizes all of his own crimes from the court below and reflects them, and there are favorable circumstances such as the defendant has no criminal records beyond a fine.

In addition, in full view of all the circumstances indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is just and acceptable, and the lower court’s punishment cannot be deemed to have remarkably exceeded the reasonable scope of discretion in determining the sentencing of the court, and thus, the Prosecutor’s assertion is rejected.

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.