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(영문) 광주지방법원 2016.06.16 2015노2266
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 (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is committed by the police officer F, who was dispatched after receiving a report that the Defendant would escape from the disturbance that the Defendant was drinking together, arrested D as an offender in the act of committing the crime of this case, thereby obstructing F from performing official duties by assaulting F and obstructing it.

In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.

No agreement was reached with the victimized police officer.

On the other hand, the following conditions are favorable.

Defendant appears to have committed the instant crime by contingency.

The defendant is against the defendant.

The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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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