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(영문) 광주지방법원 2015.11.26 2015노1106
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is a normal situation where the defendant assaultss the victims jointly with A, assaults the police officers performing legitimate official duties to obstruct the performance of official duties, and thus, the nature of the crime is not good in light of the Criminal Procedure Act, the act of obstructing the performance of official duties by police officers in uniform requires strict punishment to enhance the national public authority, and there are records of having been punished several times for the same crime.

However, the defendant repents his mistake and reflects that he will not repeat the crime, that victims do not want to punish the defendant, that is, the victim appears to have withdrawn from the violence organization, that there is a family member who will support the defendant as the most favorable circumstances, such as the defendant's age, character and conduct, circumstances and result of the crime in this case, and the sentencing guidelines for the enactment of the Sentencing Commission (FF 6 months to 10 months), the range of recommendations and penalties for the sentencing guidelines (FF 6 months to 10 months) [the scope of recommendations] The basic area (FF-1 year and 4 months) of the obstruction of performance of official duties [the scope of recommendations for the crime in this case], and the second crime [the scope of punishment [the scope of punishment for the crime in general] [the scope of punishment for the crime in general (FFF 1 to 10 months] [the scope of punishment for the crime in general (FF 1 to 2 months] [the scope of punishment for the crime in general (PFF 1 to 3 months].3 months].

3. Conclusion.

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