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(영문) 전주지방법원 2013.11.08 2013노988
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 3,000,000) is too unhued and unreasonable.

2. The instant crime of this case regarding the grounds for appeal is deemed to interfere with the legitimate performance of duties by police officers when the Defendant took the police officer after receiving a report while punishing taxi drivers and trial expenses in front of the earth, and the nature and circumstances of the relevant crime are not good, and the Defendant repeatedly commits the instant crime even though he/she had past record of being sentenced to a fine on one occasion due to the obstruction of performance of official duties, etc., in light of the fact that the Defendant repeatedly commits the instant crime.

However, the defendant recognized the crime of this case and is in depth divided, and the court below agreed with the victimized police officer in the original trial that the victimized police officer does not want the punishment of the defendant, the defendant must support his mother, and considering various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, environment, criminal record, criminal records, circumstances leading to the crime of this case, means, results, and the situation before and after the crime of this case, the court below's punishment is too uneasible and unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit.

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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