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(영문) 서울북부지방법원 2018.11.09 2018노1482
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 (1,500,000 won in penalty) is too unhued and unreasonable.

2. The crime of this case is very poor because the crime of this case is committed by spiting a spite on the face of a police officer who takes protective measures against the defendant who was under the influence of alcohol on the road at the night.

In order to establish the law and order of the state and eradicate the reputation of the public authority, there is a great need to punish the crimes that interfere with the performance of official duties.

However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the appearance of the defendant against the defendant, the fact that there is no record of criminal punishment, and the defendant's father desires to educate the defendant and guide the defendant, and other circumstances revealed in the arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, means and consequence, etc., the punishment of the court below is too unreasonable and it cannot be 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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