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(영문) 서울북부지방법원 2016.01.22 2015노1785

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 90 hours) is too unhued and unreasonable.

2. The crime of this case is that the defendant committed the crime of this case, such as the following: the defendant, at a restaurant, took a heavy bath at the restaurant, sniff, etc., interfered with the operation of the restaurant by avoiding disturbance; the defendant took a bath against the police officer dispatched to the site after receiving a report of a restaurant operator; the police officer's hand, etc.; the police officer's hand, etc., was assaulted at the face of the police officer at the bar of the police station and interfered with legitimate execution of his duties; the police officer's hand, etc.; the crime of this case was destroyed and damaged by avoiding disturbance at the ward of the police station; the method of the crime and the transfer inappropriate; the defendant did not receive a manual from the police officer; the defendant did not receive a manual; the defendant's obstruction of performance of official duties and damage to public goods; and the defendant committed the crime of this case even if he had been punished several times due to the same kind of obstruction of duties and violence, even though he committed the crime of this case.

However, in light of the overall sentencing conditions of the instant case, including the Defendant’s age, sex, environment, health conditions, and the process and consequence of each of the instant crimes, and the following circumstances, it cannot be determined that the lower court’s sentence against the Defendant is unreasonable because it is too unfasible and unreasonable, in light of the following: (a) the Defendant was under the influence of alcohol when he was suffering from the depression at the time; (b) the Defendant agreed with the victim of interference with his duties to the extent that he was not subject to punishment against the Defendant; and (c) the Defendant did not have any record of crime exceeding the fine; and (d) the Defendant’s age, sex, and behavior, environment, health conditions, and the circumstances after the commission of the instant crimes.

3. In conclusion, the prosecutor's appeal is justified.