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(영문) 광주지방법원 2016.11.16 2016노316
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for four months of imprisonment, two years of probation, and three years of probation) is undue;

2. As to the crime of obstruction of the performance of official duties of this case, it is necessary to strictly punish the crime of obstruction of the performance of official duties of the State in order to establish a legal order and eradicate the light

However, in full view of the fact that the Defendant appears to have caused the instant case by contingency, there is no same criminal record and there is no record of criminal punishment after 2003, the circumstances of the instant crime, the circumstances after the instant crime, various sentencing conditions in the arguments, such as the Defendant’s age, character and conduct, and environment, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, it is not recognized that the lower court’s punishment is too unreasonable, and thus, 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 as it is without merit. It is so decided as per Disposition.

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