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(영문) 대구지방법원 2016.12.15 2016노3387
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too unhued.

2. Since the crime of obstruction of performance of official duties is likely to disrupt social order maintained by the public authority, it is necessary to make a strict punishment in that the matter is not easy, and that the public authority’s prestige and social discipline should be immediately set up in order to create a social atmosphere in which the law and principles are observed.

Furthermore, there is a high possibility of criticism in that the defendant exercised the direct force against the damaged police officers who wear the uniform.

However, there is no circumstance that the lower court’s determination of sentencing exceeded the reasonable limit of discretion or it is unreasonable to maintain it, considering the following factors: (a) the Defendant recognized the instant crime as well as the first offender who has no record of punishment; and (b) the first offender who has no record of punishment as favorable to the Defendant; and (c) the Defendant’s age, character and conduct, environment, means and consequence of the instant crime; and (d) comprehensively taking into account all the circumstances of sentencing as indicated in the records and arguments, such as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unreasonable as it is so unreasonable to the extent that the lower court ought to be reversed.

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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