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(영문) 전주지방법원 2015.01.30 2014노1335
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution and one hundred and twenty hours of community service in the month of imprisonment) against the accused in the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the crime of this case committed by the defendant while wearing a uniform was committed by the police officers dispatched after receiving a report, and the nature of the crime and the situation of the crime are not good, the defendant was punished by imprisonment with prison labor due to a special obstruction of performance of official duties, etc., the defendant committed the crime of this case even though he had the record of punishment several times due to violent crimes, and the degree of violence committed by the defendant to the victimized police officers does not be somewhat weak, it should be subject to a strict punishment against the defendant. However, the defendant's confession of the crime of this case is against the defendant, and the defendant seems to have committed the crime of this case by contingency under the influence of alcohol, and the police officers who suffered from the crime of this case appear to have not been in the location of injury due to the crime of this case, and the defendant's wife and two children are the most responsible for supporting the defendant's wife and two children, and the defendant's age, character and behavior, environment, family relationship, circumstances after the crime of this case, the above assertion by the court below is not justified.

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

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