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(영문) 제주지방법원 2016.10.13 2015노578
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. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is recognized that the act of obstructing performance of official duties requires strict punishment, but the defendant shows an attitude to recognize and reflect the crime of this case, and the defendant deposited KRW 500,000 for the police officer E before the crime of this case, and the defendant has no record of any particular criminal punishment except that sentenced to a fine once due to the crime of violation of the Road Traffic Act, prior to the crime of this case, it does not seem that the sentence imposed by the court below exceeded the scope of reasonable discretion or is unreasonable, taking into account all the sentencing factors of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and method, and circumstances after the crime of this case.

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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