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(영문) 광주지방법원 2018.07.12 2017노4375
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment) is deemed to be too unhued and unfair.

2. The instant crime is a serious crime that has undermined the legitimate exercise of public authority and thus has a need to strictly cope with the State’s functions, and the fact that the victim police officers failed to agree with it is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant acknowledges and reflects his mistake, and that there is no particular criminal record in addition to the home protection case disposition due to violence in 2008.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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