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(영문) 대전지방법원 2015.05.29 2015노68
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. Determination

A. In light of the fact that the instant crime was committed by a police officer who prevents the Defendant from disturbing a disturbance, and that it is not good to the nature of the crime as a matter of obstructing the performance of official duties by assaulting several times, and that there is a need to punish the Defendant with heavy liability for the crime of obstructing the performance of official duties in order to establish the State’s legal order and eradicate the light of public authority.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have been sentenced to imprisonment with prison labor or a heavier punishment since 199, led to the confession and reflect of the crime, and deposited KRW 300,000 for the victimized police officers.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, family relationship, living environment, details and consequence, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion 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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