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(영문) 인천지방법원 2016.11.02 2016노1856
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects on the Defendant’s act; (b) the Defendant did not have been punished for the same kind of crime; (c) the Defendant appears to have committed the instant crime by contingency under the influence of alcohol; (d) the police officer’s failure to find several times in the truth-finding; and (c) there is no special change in circumstances after the sentence of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, character and behavior, environment, motive and background of the crime; and (e) circumstances after the crime, etc., the lower court’s sentence is too unab

Therefore, the prosecutor's assertion is not accepted.

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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