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(영문) 대전지방법원 2015.11.26 2015노2670
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 3 years of probation) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of this case is a matter of assaulting two police officers dispatched after receiving a report by the defendant, and damaging patrol cars, and thus, it is necessary to severely punish the crime of obstruction of performance of official duties as an offense detrimental to the function of the State by nullifyinging legitimate exercise of public authority. Since each of the above violence cannot be deemed unfasible, the nature of the crime of this case is not good, and the defendant again commits the crime of this case even if he had the record of punishment for the same crime, etc., which is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant confessions the facts charged in the instant case and reflects his mistake; (b) the Defendant reimburses the full amount of the patrol car repair cost due to the Defendant’s damage to public goods; and (c) the Defendant did not have any particular criminal power after around 2006; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the scope of recommended sentences according to the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court Sentencing Committee, including the circumstances before and after the crime; and (c) the Defendant’s suspended execution of imprisonment

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.

(However, the part of the judgment below's "1. Probation and Social Service Order" is clearly erroneous entry of "1. Probation", and such correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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