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(영문) 전주지방법원 2016.05.27 2016노255
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, and community service order) is deemed unreasonable because it is too uneasible.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the defendant 112 reported and sent a bath to the police officer who was dispatched; (b) the defendant 2 was able to play a drink while drinking; (c) the victim saw the face of the damaged police officer; and (d) the crime of this case was committed at the same time with the face of the damaged police officer, and at the same time the crime was not less complicated; and (d) in order to establish the state’s legal order and eradicate the light of public authority, the crime of obstructing the performance of public duties is strictly punished.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, there is no past record of criminal punishment heavier than the fine, the degree of injury suffered by the damaged police officer is relatively minor, and the elderly and two children should be supported by the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.

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