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(영문) 의정부지방법원 2020.11.11 2019노3295
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, this case is insulting to a police officer who was dispatched after receiving 112 report by the Defendant, and thereby obstructing his/her performance of official duties by exercising physical tangible power, and thus, the crime is very poor. The Defendant has a history of being subject to criminal punishment for a crime of identical violence in the past.

However, there are grounds for sentencing favorable to the defendant, including the fact that the defendant seems to seriously reflect his mistake from the court below to the court below's trial, and that there is no record of criminal punishment exceeding the fine. Furthermore, the court below determined the punishment by sufficiently taking into account all the circumstances asserted by the prosecutor as the grounds for appeal, and there is no change in the conditions of sentencing compared with the court below because there is no change in the conditions of sentencing since the prosecutor failed to submit new data on sentencing in the court below. In full view of all of the reasons for sentencing specified in the records and arguments of this case, it is not recognized that the sentence of the court below is too uneas

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

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