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(영문) 의정부지방법원 2018.08.27 2018노423
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the punishment (five million won in penalty) declared by the lower court.

2. The instant crime was committed by the Defendant upon receiving a report of 112 and obstructed the performance of official duties by taking the chest of the police officer dispatched once again. The obstruction of the performance of official duties is an offense that circumvents the legitimate exercise of public authority, and thus requires strict punishment. It is recognized that there was a history of punishment for obstructing the performance of official duties on two occasions around 2013.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects its depth; and (b) the Defendant’s family members wished to have the Defendant’s prior to three years ago; (c) the Defendant is being treated with depression; and (d) there are no special circumstances or circumstances that may be newly considered in sentencing after the decision of the lower court; and (d) the Defendant’s age, sex and behavior, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances that form the conditions for sentencing as indicated in the instant arguments and records, such as the circumstances after the commission of the offense, it is not recognized that the sentence imposed by the lower court is too una

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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