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(영문) 광주지방법원 2015.12.01 2015노1605
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and eight hours of social service) is too unhued and unreasonable.

2. In full view of all the favorable factors of sentencing, such as the fact that the police officer who performed legitimate official duties committed an assault, such as her blicking, hering away from her fingers, and the fact that he/she again committed the instant crime in 2012, even though he/she had the record of criminal punishment for the crime of injury and obstruction of performance of official duties, which are against the defendant, and the fact that the defendant agreed with the victimJ of the crime of damage to property, the fact that the police officer who suffered the damage has discovered several times of death, and deposit KRW 1 million for G for the police officer who suffered the injury, KRW 50,000 for the police officer H, and support three wifes and children, and other favorable factors such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., it cannot be deemed that the court below's punishment against the defendant is too uneasible and unfair.

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.

(In accordance with Article 25 (1) of the Rules of Criminal Procedure, the "D" in the third sentence of "criminal facts" shall be corrected to "J".

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