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(영문) 의정부지방법원 2016.05.27 2015노3460
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (3 million won in penalty) is improper as it is too unfilled.

2. We examine the reasoning of appeal. Each of the crimes of this case, such as repeatedly insulting speech and behavior against police officers dispatched after receiving a report by the Defendant, or interfering with the performance of official duties, etc., is not less than the nature of the crime in light of the content and method of the crime, and there is a need for strict punishment of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish sound social order, etc.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses, and agreed upon the Defendant’s mistake with the victim E; (b) G and H wanted the Defendant’s wife; (c) the Defendant had no record of criminal punishment; (d) the Defendant’s general amount of punishment in the same and similar cases; (b) balance between the two general punishments in the instant case; and (c) the Defendant’s age, sex conduct, intelligence and environment; (d) the motive and background of the instant offense; (e) relationship with the victim, means and consequence; (e) the number of times of the instant offense; (f) likelihood of recidivism; (c) circumstances after the instant offense; (d) family relationship; and (e) health conditions; and (e) the Defendant’s punishment imposed by the lower court is deemed unfair because it is adequate and excessive. Therefore, the Prosecutor’s

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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