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(영문) 광주지방법원 2016.11.03 2015노3353
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

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

The defendant has a record of criminal punishment for violent crimes on several occasions.

In addition, on May 2, 2013, the Gwangju District Court sentenced four months of imprisonment for the crime of bodily injury, and completed the enforcement, and subsequently committed the crime of this case during the period of repeated crime.

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 is recognized as committing a crime and is against the law.

There is no criminal record for the defendant.

The degree of violence against the police officer is relatively minor.

For F, 80,000 won was deposited for damaged police officers.

The defendant is aware of the seriousness of the problem caused by alcohol and is trying to lead a new life, such as receiving hospital treatment.

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

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

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