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(영문) 의정부지방법원 2016.03.18 2015노3131
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (6.5 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. We examine the reasoning of appeal. The crime of this case is committed against the police officer dispatched by the defendant after receiving 112 report, and the nature of the crime is grave, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The fact that the defendant has been punished several times due to the same kind of official duties, obstruction of the performance of official duties, and crime of violence, etc., which are disadvantageous to

However, in light of the following circumstances: (a) the Defendant recognized the instant crime from the investigative agency to reflect his mistake; (b) the sentence of five months imposed by imprisonment due to a violation of the Punishment of Violences, etc. Act (Habitual Violence), other than the instant crime, becomes final and conclusive; (c) the Defendant’s long-term detention may involve excessive difficulty for his dependants; and (d) the Defendant’s family members desire to take the Defendant’s wife; and (c) other circumstances, including the Defendant’s age, sex behavior, intelligence and environment; (d) the motive, background, means and consequence of the instant crime; (e) the circumstances after the instant crime; and (e) the criminal case’s punishment imposed by the lower court, other than the instant crime, is deemed unfair as it is reasonable and excessive; and (e) 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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