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(영문) 서울동부지방법원 2016.11.11 2016노961
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the defendant's crime of this case is an obstruction of the performance of official duties against the police officers at fixed time, and the sentence of the court below (the fine of KRW 1,000,000) sentenced to the defendant is too uneasible and unreasonable.

In order to establish the law and order of the state and eradicate the light of public authority, it is necessary to strictly punish the crimes of obstruction of performance of official duties.

I would like to say.

However, the defendant is the first offender, and the degree of assault exercised against police officers is relatively minor.

In full view of other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, environment, background of the crime, and circumstances after the crime, the sentence of the lower court cannot be deemed as being too uneasible and unreasonable.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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