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(영문) 광주지방법원 2014.09.25 2014노544
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of social service) is too unfluent and unreasonable;

2. The judgment of the defendant has many records of punishment for the same kind of crime; in particular, from the Gwangju District Court Branch Branch, on January 31, 2012, the defendant was sentenced to a two-year probation period of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) on January 31, 2012; the above judgment was confirmed on February 8, 2012 and was under probation period; the defendant committed the crime of this case even though it was still under probation period; the use of violence against a police officer, such as the crime of this case, which harms the authority of public authority and obstructs the establishment of legal order; thus, it is disadvantageous for the defendant to take advantage of the circumstances of the defendant's crime of this case; however, it seems that the defendant's life in custody for about four months until the court below is sentenced at the investigation stage, and it seems that one million won has been divided into the victim of damage to property at the investigation stage, and the defendant's argument that the defendant's name and behavior of this case is unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (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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