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(영문) 제주지방법원 2015.12.03 2015노480
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four million won of a fine) by the lower court is deemed to be 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, and the fact that the defendant directly exercises the force of force on the body of the police officer, such as walking the boat of the police officer, etc. is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby against the mistake; (b) the first offender who has no record of criminal punishment; (c) the degree of assault against the police officer; and (d) the search for the relevant police officer after the instant crime was committed; and (c) the Defendant’s age, environment, and conditions of sentencing specified in the instant argument, including the circumstances before and after the instant crime, it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable.

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

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