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(영문) 광주지방법원 2019.01.17 2018노141
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is committed in the main place in which the defendant operated, aiding and abetting customers gambling, and obstructing the police officers from entering the main place of gambling, which is a place of gambling, and thus obstructing the performance of official duties by assaulting the police officers so that the police officers dispatched after receiving a report.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

On the other hand, the following conditions are favorable.

The defendant recognizes all crimes and reflects them.

In the crime of obstruction of performance of official duties, the degree of assault against the police officer of the defendant is not much serious.

Defendant has no record of being punished in the Republic of Korea.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and unreasonable.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless

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