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(영문) 대전지방법원 2016.11.16 2016노1471
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. According to the circumstances, the Defendant’s responsibility is not somewhat poor in terms of the following: (a) the Defendant’s breathing of the disturbance, the degree of the disturbance, and the short time; and (b) the Defendant took a serious bath to police officers in uniform and exercised direct force; and (c) the nature of the crime was very bad.

However, there is also a circumstance that can be considered for the defendant, such as the fact that the police box does not seriously obstruct the performance of official duties, and that the police officer does not seem to have strong tangible power used to commit the instant crime, that the defendant is committed all the instant crime, and that there was no record of punishment for the same kind of crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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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