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(영문) 광주지방법원 2019.08.29 2018노3782
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant’s assaulted a police officer to commit the instant crime that prevents the performance of official duties.

However, there are more favorable circumstances, such as the fact that the defendant reflects his mistake, the degree of violence against the police officer, the fact that the police officer F is not much serious, the fact that the police officer F was found to have been faced with the head in the process of leaving the police officer F, and the fact that the F was said to be inappropriate immediately, and that the defendant did not have a criminal record exceeding the punishment and fine for violent crimes.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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