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(영문) 광주지방법원 2016.12.15 2016노287
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is not a good crime because the defendant assaulted two police officers in the process of performing official duties without any justifiable reason to interfere with the execution of duties and damaged patrol cars which are public goods.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

The Defendant had been subject to criminal punishment for the obstruction of performance of official duties even before the instant case.

On the other hand, the fact that the defendant reflects his mistake, that the defendant seems to have reached the crime of this case by contingent, and that the defendant has no record of punishment exceeding the fine is favorable.

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, 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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