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(영문) 서울남부지방법원 2016.11.11 2016노826
공무집행방해
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 ① The crime of obstruction of the performance of official duties requires strict punishment in order to protect legal order and establish public authority, and the fact that the face of a police officer dispatched by the defendant after receiving a 112 report is not good for the reason that it is not good for the crime to be committed.

However, in full view of the following circumstances: (a) the Defendant was a primary offender with no record of criminal punishment; (b) the recognition of and reflects the instant crime; (c) the Defendant’s parent’s intent to guide the instant crime; and (c) other circumstances that form the conditions for sentencing, such as the background, means, results, and the circumstances after the instant crime, the sentence of the lower court cannot be deemed as being too unjustifiable.

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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