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(영문) 서울남부지방법원 2016.10.07 2016노416
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

2. Determination: (i) the Defendant had a record of having been sentenced to suspension of indictment for a violation of the Punishment of Violences, etc. Act (joint assault) in 2013; (ii) the crime of obstruction of performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order; and (iii) the Defendant arrested a police officer as a flagrant offender by assaulting him/her, arrested him/her as a flagrant offender; and (iv) continued to take a bath against a police officer while damaging his/her jurisdiction

(2) However, in light of the following circumstances: (a) the Defendant, as a university student, has yet to be recognized to commit the instant crime; and (b) the restoration of the jurisdiction damaged by the instant crime to the original state is more favorable; and (c) other circumstances, such as the background, means, and consequence of the instant crime, and the circumstances after the instant crime, cannot be deemed to be unfair because the sentence of the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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