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(영문) 제주지방법원 2015.10.08 2015노326
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by 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 act of obstructing the performance of official duties, and this case is a case where the defendant takes a bath to a police officer who properly performs his duties without any particular reason, and furthermore, exercises a tangible power, such as extinguishing the breath of a police officer’s breath, and thus, the criminal nature of the defendant is grave in light of the circumstances.

However, in full view of the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant appears to be an contingent crime, the degree of tangible force used is not serious, the Defendant did not have the same criminal power and all the sentencing conditions, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

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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