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(영문) 제주지방법원 2015.12.10 2015노550
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (seven million won of a fine) of the lower court is deemed to be too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and the Defendant committed the instant crime even during the suspension of execution due to a separate case, which is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized the crime of this case, it would be more desirable to give the defendant an opportunity to adapt to society and reflect the defendant, rather than being isolated in society for a long time, in full view of the fact that there is no record that the defendant was punished for the same crime, and that there is no significant weight in the defendant's insult and exercise of force against police officers, and that the defendant is still 20 students, and that the above suspension of execution [the suspension of execution was sentenced to three years and six years of imprisonment with prison labor at Suwon District Court on October 15, 2013, which was decided on January 3, 2014] is invalidated, and that it would be more desirable to give the defendant an opportunity to adapt to society, rather than being isolated in society for a long time, and other various circumstances that are the conditions of sentencing specified in the arguments of this case, such as the defendant's environment and the circumstances before and after the crime, it cannot be deemed that the sentence imposed by the

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

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