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(영문) 광주지방법원 2018.12.13 2018노2263
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (2,00,000 won) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The crime of this case, which is judged, is not a good crime because the defendant, upon receiving a report that the defendant assaults those who were in the same place of singing practice, assaults the police officer called out and interferes with his execution of duties.

In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.

On the other hand, the fact that the defendant reflects his mistake and that the defendant has no record of punishment before the case is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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