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(영문) 제주지방법원 2015.11.12 2015노438
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the obstruction of the performance of official duties, and the fact that the Defendant was committed with those who are not aware of while under the influence of alcohol, and led to the instant crime, etc. disadvantageous to the Defendant

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the police officer, who is the subject of the instant crime, submitted a document to the effect that the damage was recovered to this court; (c) the degree of assault was not much serious; and and (d) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and conditions before and after the instant crime, the lower court’s sentence against the Defendant cannot

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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