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(영문) 대전지방법원 2020.04.01 2019노1326
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the act of obstructing the performance of official duties by the police officers performing official duties against police officers in cases where the defendant committed assault against the police officers in charge of the reported case requires strict punishment in order to make public authority of the State and establish legal order. In light of the above, the sentence of the court below (three million won of fine) is too uneasible and unreasonable.

2. In light of the judgment, the above unfavorable circumstances asserted by the prosecutor in the grounds of appeal are deemed to have been sufficiently considered when determining the punishment in the court below. The defendant has no specific penal power except for a fine in a minor case, and all facts of the instant crime are committed in depth, and the degree of assault is relatively minor, and other sentencing factors in the instant case, such as the defendant’s age, character and conduct, environment, background, means and consequence of the crime, and circumstances after the crime, etc., are taken into consideration, it cannot be recognized that the sentencing judgment of the court below is too unfeasible and it exceeded the reasonable scope of discretion.

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

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