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(영문) 제주지방법원 2015.09.17 2015노307
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two million won of a fine) by the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and the Defendant’s exercise of the physical force directly by taking the face of the police officer once, is disadvantageous to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, environment, and the circumstances before and after the instant argument, the Defendant’s punishment against the Defendant is too uneasible and unreasonable, in light of the following: (a) the Defendant recognized the instant crime as a primary offender with no criminal history; (b) the Defendant agreed with the victim of the obstruction of duties; and (c) the police officer went to the police officer; and (d) the Defendant’s age, environment, and conditions for sentencing

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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