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(영문) 서울남부지방법원 2017.07.27 2016노1494
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the crime of this case committed by the Defendant was committed by assaulting a police officer who was dispatched to the reported site and the quality of the crime is inferior, and that strict punishment on a person who interfered with the performance of official duties is required to establish a legal order, etc., the punishment (five million won per punishment) imposed by the lower court is too unfasible and unfair.

2. Although the Defendant has been subject to punishment three times before 2006 for violent crimes, there is no history of criminal punishment for obstructing the performance of official duties, nor any history of criminal punishment heavier than a fine.

The defendant is able to repent his mistake in depth and live faithfully without reoffending in the future.

In addition, considering the various circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s punishment is too unfilled and is in excess of the reasonable scope of discretion, considering the following factors: (a) the Defendant’s age, sex, environment, motive, means, and consequence of the crime; and (b) the Defendant’s age, sex, and environment; and (c) the motive, means, and consequence of the crime.

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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