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(영문) 대전지방법원 2014.11.12 2014노1856
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) is too unfeasible that the punishment (one year of imprisonment, three years of suspended execution, 40 hours of an order to attend the alcohol therapy, community service, 160 hours) imposed by the court below is too unfasible.

Judgment

The crime of this case is a normal situation where the defendant drinks B and alcohol at his own house, and the defendant's father and son were sent to the scene by reporting the defendant to the police, and the police officers dispatched to the scene; the police officers are urged to take a kitchen with a kitchen, which is a dangerous object in the kitchen while taking a bath to police officers, thereby obstructing the police officers from performing their legitimate duties in relation to reporting civil petitions by the police officers; the crime of obstruction of performance of official duties is not good; the police officers are needed to strictize the crimes of obstruction of performance of official duties in order to protect the legitimate performance of public duties of the State and to establish sound social order in the present situation where the police officers are vulnerable to many disorderly civil petitioners due to the weakening of public authority; and the defendant has been punished several times as the same kind of crime.

However, in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s allegation is without merit, on the ground that the Defendant’s family members wanted to take the Defendant’s measures against the Defendant under the influence of alcohol, and that the Defendant’s family members want not repeat the instant crime. The Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime are committed.

In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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