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(영문) 광주지방법원 2016.04.12 2015노2132
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the lower court’s punishment (3 million won) is too unfilled and unfair (a prosecutor stated that he/she should be punished by imprisonment with prison labor for ten months). It is recognized that the Defendant assaulted a police officer who was performing legitimate duties.

However, in full view of the following circumstances: (a) the Defendant did not have any history of punishment for obstructing the performance of official duties and did not have any history of crime exceeding fines; and (b) did not focus on the degree of violence used by police officers; and (c) and other various circumstances that are conditions for sentencing as indicated in the instant records and theories on changes, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, etc., and circumstances after the crime, the lower court’s sentence is too una

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.

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