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(영문) 광주지방법원 2016.10.05 2016노875
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish crimes of obstruction of the performance of official duties.

However, the defendant recognizes his mistake and reflects his mistake.

The prosecutor's assertion is without merit, since the court below's punishment is too unjustifiable and is not recognized to be unfair, in full view of various sentencing conditions shown in the arguments in this case, such as the background of the crime in this case, the circumstances after the crime, the defendant's age, character and conduct, and the environment, except for the defendant who has been sentenced one time to a fine due to drinking driving of this case.

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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