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(영문) 대전지방법원 2015.06.25 2014노3289
공무집행방해
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution) is too uneased and unreasonable.

2. The crime of this case was committed by the Defendant upon receipt of the report 112, and thus obstructing legitimate performance of official duties by assaulting the police officer’s flaps, such as booming flaps, etc., and the liability for such crime is not less than that of the crime, the Defendant has been punished for the same kind of crime, and the Defendant did not agree with the victimized police officer.

However, there are extenuating circumstances, such as the fact that the defendant repents his mistake in depth and reflects it, there is no record of criminal punishment exceeding a fine, and that the court below deposited KRW 500,000 for the victimized police officers, etc., and the scope of the recommended sentence for the crime of this case according to the sentencing guidelines enacted by the Supreme Court Sentencing Committee, is from January to August, 1 to August, the crime group of obstruction of performance of official duties, the first type of obstruction of performance of official duties, the special person concerned (where the degree of violence is minor), the decision on the recommended area, the scope of the recommended sentence (one to August), the scope of the recommended sentence (one to August), and the major pride and pride factors that can be suspended: The extent of violence is minor, and it is not recognized that the sentence of the court below is too unreasonable, considering all the various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence, and the circumstances after the crime.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per

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