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(영문) 창원지방법원 2015.06.18 2015노403

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is deemed to be too unhued and unfair.

2. The Defendant, on the grounds of minor reasons, recklessly destroyed an apartment security guard’s pedal, thereby destroying the security room’s articles, and assaulting the police officer called out without complying therewith. Considering that there is a need to strictly punish the obstruction of performance of official duties in order to protect the legitimate exercise of public authority and to protect social order, the lower court’s punishment may be deemed to be light.

However, the defendant has a depth of his mistake, received a letter of apology from security guards, and accepted all damaged things, and there is no criminal history except that sentenced to a fine of two million won due to a violation of the Road Traffic Act in 196.

While the defendant is not in a good economic situation, he seems to have committed the instant crime by drinking alcohol and contingently in a situation where he or she has a great severe severe burden due to his or her living environment and children.

The lower court appears to have decided the Defendant only once, taking into account the above circumstances and all other conditions of sentencing indicated in the pleading, and it does not seem that such sentencing of the lower court is unfair.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문