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(영문) 전주지방법원 2017.04.21 2017노188
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant assaultss the victim E in an internal relationship with him/her, and assaultss the face of police officers dispatched after receiving a report to interfere with the legitimate execution of duties by a police officer. The crime of this case is committed without being aware of the fact that the defendant has already been subject to criminal punishment several times for the same crime, and the defendant commits the crime of this case without being aware of the fact that the defendant already committed the crime of this case, and that there is a need to strictly punish the crime of interference with the performance of official duties in order to establish the state's legal order and eradicate

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, that it appears to lead to contingent crimes under the influence of alcohol, that the degree of assault against the victims is relatively minor, that the damaged police officers do not want the punishment of the defendant, that they made efforts to recover damage by paying KRW 500,000 to the victim E of the crime of assault, and that the family and the spons of the defendant want the defendant's preference.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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