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(영문) 의정부지방법원 2021.01.15 2020노893

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unfair.

Judgment

The Defendant’s crime of this case committed by assaulting a police officer who is lawfully performing official duties, and imprisoning a police officer, such as harming the police officer by harming him/her, and harming him/her at a police station. There is a need to strictly punish the Defendant in order to establish the law and order and eradicate the light of public power, and the Defendant’s assault level is not easy due to the damage of the police officer’s blag, etc.

However, the fact that the defendant is recognized as committing the crime of this case and is against the law, and that there is no record of punishment for the same crime.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., it is difficult to view the lower court’s sentence as being too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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