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(영문) 창원지방법원 2015.03.11 2015노111
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (six months of imprisonment) shall be too unhued and unreasonable.

2. The crime of this case is determined by the following: (a) the Defendant, who was under the influence of alcohol, takes the police officer’s desire to take care of the police officer who was sent to the police after receiving a report of the disturbance under the influence of alcohol; and (b) after having arrived at the earth, he was arrested as a flagrant offender by drinking another police officer; and (c) the police officer, who was in charge of the escort duty, takes a bath and intimidation against the police officer in charge of the escort duty while being escorted to a detention room; and (d) spits down one’s face, thereby obstructing the performance of official duties.

The Defendant, upon receiving a report, assaults the police officers who were arrested and escorted to the police officers in the course of committing an act in violation of the duty to commit an act of obstruction of the performance of official duties, and the Defendant has been punished for two years of suspended execution in August 201 due to the crime of obstruction of the performance of official duties in 201, and the circumstances unfavorable to the Defendant are recognized.

However, in light of the fact that the Defendant recognized all of the instant crimes and reflects them, and that the Defendant deposited KRW 2.50,00 for the victimized police officers, and that the Defendant appears to have committed the instant crime, etc., the circumstances favorable to the Defendant are recognized, and other circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, which are conditions for sentencing specified in the records and pleadings, are considered, it is difficult to deem that the lower court’s punishment is too unreasonable.

Therefore, prosecutor's assertion 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 ground that it is without merit. It is so decided as per Disposition.

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