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(영문) 광주지방법원 2019.09.05 2018노381
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the circumstances that require strict punishment for the crime of obstruction of the performance of official duties, and that there are two times criminal records of violence are disadvantageous to the Defendant.

On the other hand, there are more favorable circumstances such as the fact that the defendant reflects his mistake, that there is no criminal record exceeding the fine, that there is no record of punishment for the obstruction of performance of official duties, that there is relatively minor degree of assault by the defendant, that the defendant sacrifies the police officer several times, and that the defendant sacrifies the police officer several times, and sought a letter, and that the damaged police officer also received the defendant's apology and sacrifies the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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