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(영문) 전주지방법원 2017.03.17 2016노1765
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won in penalty) is too uneasy and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where two police officers dispatched by the defendant upon receipt of a report 112 were assaulted by the defendant, causing about one week medical treatment to one of them, and at the same time obstructing the legitimate performance of official duties by the above police officers, and the quality of the crime is not weak. In order to establish the state's legal order and eradicate public peace, it is necessary to strictly punish the crime that interferes with the performance of official duties.

On the other hand, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) appears to have reached contingent crimes under the influence of alcohol; (c) the degree of injury suffered by the victims is relatively minor; (d) the lower court deposited KRW 500,00 for the victim G; (e) deposited KRW 1 million for the victim H; and (e) the parents who have not good health and three children.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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