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(영문) 대전지방법원 2014.06.26 2013노3042
공무집행방해
Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (five months of imprisonment and two years of suspended execution) is unfair as it is too uneasible.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the defendant's verbal abuse and assault to police officers without any reason, obstructing the proper performance of official duties, and the fact that the defendant has been punished for the same kind of crime, etc.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant appears to have committed the instant crime in a state of under the influence of alcohol; and (c) there is no record of having been sentenced to a suspended sentence or heavier punishment for the last twenty years.

In this context, considering the scope of the sentencing guidelines established by the Sentencing Commission for the instant crime according to the sentencing guidelines, the sentence of the obstruction of performance of official duties, the first category of the crime of the obstruction of performance of official duties (the coercion of performance of duties), the special person (no person), the decision-making of the recommended area (basic area), the scope of the sentence of the recommendation ( June to January 4), the scope of the sentence of the suspension of execution: the suspension of execution / the punishment of the Defendant’s age, character and behavior, environment, the background of the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the

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

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