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(영문) 인천지방법원 2016.09.21 2016노1594
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority.

However, taking account of the following: (a) the Defendant’s mistake recognized by the lower court is against himself/herself; (b) the degree of exercise of tangible force is not relatively heavy; (c) deposited KRW 500,00 in the lower court for the victimized police officer; (d) there is no criminal punishment for the same kind of crime; (e) there is no special change in circumstances after the lower judgment was sentenced; and (e) there is no other reason to change the circumstances after the sentence of the lower court; and (b) all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, sex, occupation and environment; and (e) motive and circumstance

Therefore, the prosecutor's assertion is not accepted.

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

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