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(영문) 광주지방법원 2014.10.15 2014노802

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, two years of probation, two hours of community service order) of the lower court is deemed to be too uneasy and unreasonable.

2. In light of the circumstances that are favorable to the Defendant, such as the crime of obstruction of performance of official duties, the fact that the Defendant was punished once as the crime of damage to public goods, the fact that there was no agreement with the victimized police officers, etc., but there was no previous conviction that is beyond the fine, and the fact that the degree of obstruction of performance of official duties is too heavy, etc., the court below’s punishment is not deemed to be unreasonable because it is too unreasonable, in full view of the circumstances leading up to the instant crime, circumstances after the crime, Defendant’s age, character and conduct, environment, etc.

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.