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(영문) 창원지방법원 2016.10.12 2016노1456
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case committed by the defendant, while taking a bath against the police officer, by booming the face of the above police officer, and booming the chest of the above police officer two times with his hand, and continuously obstructing the police officer's lawful performance of official duties by assaulting him, such as cutting the chest of the above police officer one time with his hand and pushing the chest of the above police officer one hand, with his hand, with his hand, and obstructing the police officer's lawful performance of duties. The crime of this case is not good, and the defendant has a record of having been punished for violent crimes.

In addition, in order to establish the legal order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes of obstruction of performance of official duties.

However, there are favorable circumstances, such as the fact that the defendant led to the confession of the crime of this case, the degree of assault used by the defendant is not much important, and the fact that the defendant has no criminal records exceeding the same criminal records or fines.

Considering the above circumstances and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the judgment of the lower court cannot be deemed unreasonable to have exceeded or maintained the reasonable bounds of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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