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(영문) 광주지방법원 2018.12.19 2018노2382
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 (7 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant again committed the instant crime at least six months after having been sentenced to one year of imprisonment due to the crime of special injury, etc., and the execution of the sentence was completed, the Defendant had the record of being sentenced to a fine for the same kind of crime, and the crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order.

However, it is relatively significant that the defendant recognized the crime of this case, the defendant supported two children who are aged alone, the above children want to have their wife against the defendant, and the degree of violence committed against the police officer is relatively significant.

In full view of the circumstances favorable to the defendant, including the fact that there is no particular change in the sentencing conditions compared to the original judgment, etc., the lower court’s punishment is too unfluent and unreasonable, and thus, the prosecutor’s allegation above is without merit.

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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