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(영문) 서울서부지방법원 2015.12.03 2015노1448
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of one million won) declared by the court below is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is an unfavorable circumstance against the Defendant, in light of the following: (a) the crime of obstruction of the performance of official duties requires strict punishment as it distorts the public order by nullifyinging legitimate exercise of public authority; and (b) the punishment for the crime in this case

However, the circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized and his father and alcohol are divided in depth, and that the police officer dispatched after receiving a report from a third party who misleads his father and drinking, seems to have committed a contingent crime in the process, that there is no criminal power against the defendant, that the degree of obstruction of the performance of the duties of this case is not serious, that the parent and his sibling are leading the defendant, that there is considerable room for improvement, and that it is necessary to give the defendant an opportunity to lead a normal social life in a relatively relatively old age.

In addition, considering the various sentencing conditions shown in the records and pleadings, such as the character and conduct, environment, family relationship, social relationship, and circumstances after the crime, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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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