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(영문) 대전지방법원 2015.08.20 2015노456

공무집행방해

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution) of the original judgment is deemed to be too untile and unfair.

2. In order to establish a national legal order and eradicate the light of the public authority, there is a need to strictly punish the act of obstructing performance of official duties, and the fact that the defendant has been punished twice as a fine for the crime of violence and damage to property, etc. that are disadvantageous to the defendant.

However, there are extenuating circumstances, such as the defendant's mistake, there is no history of criminal punishment exceeding a fine, the police officer's injury due to the defendant's assault, the defendant appears to have committed the crime of this case on a contingent basis, the defendant deposited 500,000 won for the victimized police officer, the defendant supports his or her old mother and minor children who are not good in health, and various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, and other sentencing conditions according to the sentencing guidelines of the Supreme Court sentencing committee as to the crime of this case, the range of sentencing according to the sentencing guidelines of the sentencing committee of the Supreme Court is less than 8 months in imprisonment with prison labor for not more than 1 month, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties (in cases where the degree of violence is insignificant), decision on the recommended area, the scope of sentencing (limited to August or less), the main positive reasons that it is possible to suspend execution, etc.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.