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(영문) 대전지방법원 2015.06.03 2014노2964
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. The Defendant, upon receiving a report as a domestic violence problem, assaults a police officer called out, and the nature of the crime is very poor, such as exercising direct violence against a police officer in uniform. Since the crime of obstruction of performance of official duties is a crime detrimental to the function of the State by nullifying a legitimate exercise of public authority, it is necessary to punish the police officer to establish a legal order, and the fact that the Defendant was punished by a fine for the same kind of crime only once is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is recognized as all of his crime and is against the defendant, that the defendant assaultss the victim, but the degree of the assault does not seem to have been serious, that the defendant has caused the crime of this case by contingently in a state of somewhat interest due to the problem with the wife, that the family members of the defendant want to take the wife against the victim, and that social ties relation is strong, such as the defendant's life in good faith, etc., are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above 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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