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(영문) 제주지방법원 2015.07.23 2015노201
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two million won of a fine) by the lower court is 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’s exercise of the physical force of the police officer directly, etc. are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant committed a violation of the Punishment of Violences, etc. Act in 1998 and 2001; and (c) the Defendant did not have any previous conviction in addition to the punishment of each fine due to a violation of the Trucking Transport Business Act in 2008; and (d) the Defendant’s age, environment, and conditions of sentencing specified in the instant pleadings, such as the circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment

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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