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(영문) 전주지방법원 2016.10.14 2016노1017
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, probation, etc.) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as spits, spits, or spits the face of a damaged police officer who uses him/her to return home, and assaults the part of the bridge of a damaged police officer four times to obstruct a police officer’s legitimate execution of his/her duties concerning the maintenance of order, etc., and thus, the nature of the crime is not good. In order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that there is no record of criminal punishment for the same crime before, that the degree of violence against the victimized police officer seems to be relatively minor, and that the defendant does not repeat the same mistake again, which is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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