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(영문) 광주지방법원 2018.10.10 2018노1125
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of one hundred and sixty hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. Determination Domination, and interference with the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the fact that police officers suffered bodily injury due to the instant crime and wishing to punish the Defendant is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case, there is no record of punishment exceeding the same kind or fine, and the injury of the victims is significant.

Comprehensively taking account of the fact that it is difficult to see it and that there is no particular change in the sentencing conditions compared to the original judgment, etc., various sentencing conditions shown in the pleadings of this case, the prosecutor’s above assertion is without merit, since the lower court’s punishment is too unaffortable

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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