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(영문) 인천지방법원 2016.06.22 2016노484
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of the suspension of the execution of six months’ imprisonment) is too unhued and unreasonable.

2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and is against the Defendant; (b) there is no possibility of being punished for the same kind of crime; (c) there is no special change of circumstances after the pronouncement of the lower judgment; and (d) other various circumstances that are conditions for sentencing as indicated in the record and theory of changes, such as the Defendant’s age, sex, environment, motive and circumstance of the crime; and (c) the circumstances after the crime, the lower court’s punishment is too un

Therefore, prosecutor's assertion is without merit.

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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