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(영문) 제주지방법원 2015.11.12 2015노437
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 obstruction of performance of official duties. In particular, the instant case is a case where the Defendant, upon receiving a report on the disturbance within the apartment complex, expressed the Defendant’s desire without any particular reason to the police officers dispatched, and the nature of the relevant crime is not easy because the Defendant committed an assault.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and divided the instant crime into a truth-finding; (b) the degree of assault is very heavy; (c) the Defendant is a primary offender who has no criminal power; and (d) other circumstances that form the sentencing conditions specified in the instant argument, the lower court’s sentence cannot be deemed as being 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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