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(영문) 제주지방법원 2016.03.31 2015노697
공무집행방해
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (4 million won in penalty) of the lower court is too unhued and unreasonable.

B. The above sentence sentenced by the court below is too unreasonable.

2. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of obstructing the performance of official duties requires strict punishment as an offense detrimental to the State’s function by nullifying a legitimate exercise of public authority.

When the Defendant received identification cards and inquiries from police officers, the Defendant assaulted police officers without any particular reason.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against all of the crimes of this case.

The extent of the assault inflicted on the victim by the defendant is not too serious.

There is no other criminal record except for the defendant who has been sentenced to a fine once before the crime of this case is committed.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, it does not seem that the sentence imposed by the lower court exceeded, is too heavy, or is too heavy, or is unreasonable, due to a fluence in, the scope of reasonable discretion.

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

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