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(영문) 전주지방법원 2015.11.06 2015노1039
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The crime of this case requires strict punishment for the Defendant, considering the fact that the Defendant destroyed the entrance door of the victim D, and obstructed the police officer’s legitimate performance of official duties by walking the back and distribution of the police officer dispatched after receiving a report, and the Defendant committed the crime of this case even under the prior notice of suspended sentence by committing the crime of obstruction of performance of official duties.

However, in light of the following: (a) the Defendant led to the instant crime under the influence of alcohol, the Defendant appears to have reached an contingent crime under the influence of alcohol; (b) the Defendant agreed with the victim D of the damage to property; (c) deposited KRW 500,000 for the police officer; and (d) other all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, and family environment, the sentence of the lower court is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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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