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(영문) 대전지방법원 2016.10.19 2016노1215

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance that the Defendant, while destroying property at a restaurant and avoiding a disturbance, assaulted the police officer called out after receiving a report, and assaulted another police officer who was arrested as a flagrant offender and escorted to a police station without any justifiable reason, and that the nature of the offense is bad.

However, in full view of the favorable circumstances, such as the Defendant’s perception of committing the instant crime and against mistake, the degree of damage to property, and the degree of assault used during the course of performing official duties is relatively minor, the Defendant agreed with the victim of the damage to property, the Defendant’s initial offender, and the fact that the Defendant would not repeat the instant case’s records and various sentencing conditions in the course of trial, including the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime, as well as the circumstances after the commission of the instant crime, it is not recognized that the lower court’s punishment is too unreasonable.

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.