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(영문) 서울남부지방법원 2016.12.23 2016노908

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

2. Determination ① The crime of obstruction of performance of official duties requires strict punishment in order to protect the legal order and establish the public authority, and the fact that the nature of the crime is not good, such as when the defendant takes care of the chest of the police officer called out after receiving a report of the assault case, is disadvantageous.

(2) However, in full view of all the circumstances, including the following: (a) the Defendant was the first offender with no record of criminal punishment; (b) the recognition of and against the instant crime; (c) the police officer expressed his/her intent not to have the Defendant punished for the first time in the trial; and (c) the background, means, results, and circumstances after the instant crime, etc., which are the conditions for sentencing, the sentence of the lower court cannot be deemed unreasonable merely because the sentence is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.