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(영문) 광주지방법원 2016.06.29 2015노3527
공무집행방해등
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. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime obstructing the performance of official duties.

However, in full view of the following: (a) the Defendant reflects his mistake; (b) the agreement with the victim C; (c) the degree of force on police officers is relatively heavy; (d) the Defendant did not have any history of having been punished in excess of the same kind of crime or fine; and (e) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (e) the environment, etc.,

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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