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(영문) 광주지방법원 2015.11.05 2015노666
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The crime of this case is an act of assaulting a police officer dispatched after receiving a report by the Defendant while taking a imprisonment, and is not good in light of the Criminal Procedure Act, and requires strict punishment to enhance national public authority with respect to the act of obstructing the performance of official duties by police officers in uniform, and the fact that the Defendant has been punished once for the same crime of fraud is disadvantageous.

However, in light of the favorable circumstances, such as the fact that the defendant repents his mistake and reflects it, that the defendant would not repeat again through the treatment of alcohol, that the victim does not want the punishment of the defendant under an agreement with the victim D, that the above victim does not want the punishment of the defendant, that the crime of fraud of this case is weak to the extent of deceiving the defendant, and that the amount of the fraud of this case is a small amount of 70,000 won, and that the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions indicated in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too un

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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