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(영문) 창원지방법원 2016.08.24 2016노1338
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (for four months of imprisonment, one year of suspended execution, one year of protection observation) on the summary of the grounds of appeal is too unfased and unreasonable.

2. The instant crime was committed in relation to the Defendant’s failure to pay a taxi fee after using a taxi, by asking the Defendant’s personal information, and thus obstructing the police officer’s legitimate performance of official duties by taking the victim’s hand into consideration at one time. It is unfavorable that the nature of the instant crime is not good, and that the Defendant has a history of having been punished several times due to violent crimes.

In addition, in order to establish a law and order and eradicate the danger of public power, it is necessary to strictly punish police officers who wear their uniform to commit crimes that interfere with the performance of public duties.

However, there are favorable circumstances, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the extent of the assault that the defendant exercised is relatively minor, and that the defendant has no record of being punished as a crime obstructing the performance of official

Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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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