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(영문) 대전지방법원 2015.04.23 2014노2976
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, one year of suspended sentence, and 40 hours of community service order) of the court below is too uneased and unreasonable.

2. The judgment is an unfavorable circumstance that the defendant had been subject to punishment several times due to a crime of violence, and that the police officer, upon receiving a report, intended to arrest a flagrant offender as a flagrant offender and used violence is not good.

However, in full view of the following factors: (a) the Defendant reflects the instant crime; (b) there is no previous conviction subject to punishment as a crime of obstruction of the performance of official duties; (c) the scope of the sentencing guidelines established by the Supreme Court’s sentencing committee; (d) the category 1 of the crime of obstruction of the performance of official duties; (d) the scope of the recommended sentence; (e) the scope of the recommended sentence; (e) the scope of the sentence of the crime of obstruction of the performance of official duties; (e) the scope of the sentence of recommendation; and (e) the suspension of execution; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and

3. The prosecutor's appeal of conclusion 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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