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(영문) 전주지방법원 2014.11.14 2014노898
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution and one hundred and twenty hours of community service in six months of imprisonment) against the accused in the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the crime of this case was committed by the defendant by assaulting the police officer who has worn a uniform and performed his duties for a period of two weeks, and that the crime of this case was not less than that of the defendant, and that the defendant committed the crime of this case despite having been punished several times as violence crimes in the past, the crime of this case requires a strict punishment against the defendant. However, the defendant's confession of the crime of this case and is against himself, the degree of injury of the victim cannot be said to be significant. Although the defendant did not reach an agreement with the victim, he deposited one million won for the victim, there was no record of criminal punishment for the defendant for more than ten years since 2003, there was no old age of criminal punishment for the defendant, the mother and urology of the defendant suffering from dementia, etc., the defendant is the most responsible for supporting the poor condition due to dementia, and the defendant's age, character and conduct, family relationship, circumstances after the crime of this case, there are no grounds for unfair sentencing.

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

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