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(영문) 제주지방법원 2015.11.12 2015노436
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of the public authority, there is a need to strictly punish the act of obstructing the performance of official duties. In particular, this case is a case where a police officer accompanied by a police officer accompanied to the earth to take a measure for returning home to the defendant who was locked on the breath of alcohol, and the nature of the crime is not weak.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and divided the Defendant into a truth-finding; (b) the degree of assault is very heavy; (c) the Defendant did not have the same criminal record; and in particular, there is no criminal record after 2002; and (d) other circumstances that form the sentencing conditions specified in the argument in the instant case, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal 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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