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(영문) 광주지방법원 2016.06.16 2015노2194
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (four months of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service work, 80 hours) is deemed to be too uneasy and unfair.

2. The crime of this case is not likely to obstruct the performance of official duties by assaulting police officers duly performing official duties, and there is a need to strictly punish the crime of interference with the performance of official duties in order to protect the legitimate performance of official duties of the State and establish a sound social order.

On the other hand, the following conditions are favorable.

The degree of violence is not severe.

In addition to the past records of punishment two times as a result of the suspension of execution before 1980, the defendant has no record of punishment exceeding the fine.

In addition, comprehensively taking account of the defendant's age, sex, environment, and other various sentencing conditions as shown in the records and arguments of this case, the prosecutor's assertion is without merit, since the court below's punishment is too uneasible and 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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