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(영문) 창원지방법원 2014.09.25 2014노457
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. The instant case is a case in which the Defendant, who was arrested as a flagrant offender due to violence, etc., and then handed over the Defendant at a global parking lot, takes a bath to the police officer, and assaulted once by drinking at the left part of the police officer, and the crime of obstruction of performance of official duties is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, there is a need for strict punishment for the crime of obstruction of official duties. The Defendant has a record of being punished by a fine for each violent case around 2011, around 2012, around 2012, and around 2013.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, occupation and environment, family relationship, the background and result of the instant crime, etc., and the conditions for sentencing as shown in the records and pleadings, the Defendant’s punishment imposed by the lower court cannot be deemed to be unfair because it is too unreasonable, on the grounds that the Defendant did not have the record of being punished for the same kind of crime, other than the above punishment power, and the form of the instant assault cannot be deemed to be significant. The Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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