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(영문) 대전지방법원 2015.10.07 2015노665
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspension of execution for two years, probation) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment that the Defendant inflicted an injury on the police officer and obstructed legitimate execution of duties; the police officer made a false report twice and more times; the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority; thus, the crime of obstruction of performance of official duties is a crime that undermines the function of the State, and thus requires strict punishment to establish legal order; one time of a fine for an violent crime; one time of a family protective disposition; one time of suspension of execution for an immigration offense; one time of a fine;

However, the fact that the defendant led to the crime of this case and reflects his mistake, and that the injury suffered by the damaged police officer is relatively minor is favorable to the defendant.

Considering the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the sentencing guidelines of the Supreme Court Sentencing Committee do not provide a separate handling method for the ordinary concurrent crimes. Thus, in the instant case where certain crimes constitute the ordinary concurrent crimes, it is difficult to apply the said sentencing guidelines as they are.

However, the scope of recommendations for each of the crimes of this case according to the above sentencing guidelines is as follows, and thus, they shall be taken into account.

Each fraudulent scheme's crime of obstruction of the performance of official duties [Scope of Recommendation] The basic area of the second category of obstruction of the performance of official duties (the period of imprisonment between 8 and 1 year and 6 months) (the scope of Recommendation), which is not the basic area (the range of punishment) (the basic area of the second type of obstruction of the performance of official duties (the period of imprisonment between 4 and 1 year and 6 months).

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