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(영문) 대전지방법원 2017.11.15 2017노1755
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant with three police officers, and thus obstructing the performance of official duties by assaulting the three police officers, and the nature of the crime is not good, and the crime of obstructing the performance of official duties is highly likely to be punished for the purpose of establishing national legal order and eradicating the light of the public authority.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflects it, that there is no criminal record of the same kind, other than the criminal record of a fine due to the crime of this case, and that it appears to have committed the crime of this case by contingency while under the influence of a little

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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