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(영문) 광주지방법원 2015.11.12 2015노807
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant by assaulting the victim D and assaulting the police officers dispatched after receiving a report, and the nature of the crime is not good in light of the Criminal Procedure Act; the act of obstructing the performance of official duties by police officers in uniform requires strict punishment to enhance national public authority; and the fact that it has not been agreed with the victim D until now is unfavorable.

However, considering the favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, that the defendant would not repeat the crime, that the victim D's damage is not serious, that the defendant has no record of punishment for the same kind of crime, that there is a family member to support as the most, and that there is a family member to support, the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, etc., it is not recognized that the sentence of the court below is too unreasonable, and therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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