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(영문) 광주지방법원 2016.01.07 2015노1887
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unfair.

Judgment

In order to establish the legal order and eradicate the state of public authority, it is an unfavorable sentencing factor that it is necessary to strictly punish a defendant's crime interfering with the performance of official duties.

However, it is more favorable sentencing factors such as the Defendant’s acknowledgement of his mistake, the Defendant appears to have committed the instant crime by drinking and contingently, and the Defendant’s two penalties, as well as the fact that there are no other criminal records. In light of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual behavior, environment, etc., the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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