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(영문) 의정부지방법원 2017.02.07 2016노3256
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unhued and unreasonable.

2. Determination

A. The Defendant committed a crime of assaulting a police officer on several occasions performing official duties, and the nature of the crime is very bad, the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the crime. The Defendant has three times the history of punishment for violent crimes, and the Defendant committed the instant crime without being aware of it during the suspension of execution due to violent crimes.

B. However, in full view of the following circumstances: (a) the Defendant’s confession of the crime was against the Defendant; (b) the Defendant was aged; and (c) the Defendant’s age, background, and circumstances after the crime were committed; and (d) the sentencing conditions specified in the instant pleadings, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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