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(영문) 광주지방법원 2017.01.25 2016노4521
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of public authority, there is a need to strictly punish a crime that interferes with the performance of official duties. The Defendant committed each of the instant crimes even though he/she had been punished several times due to the same violent crime. In particular, the Defendant committed the instant crime without being involved in a repeated crime, even though he/she was a criminal record recorded in the first head of the judgment of the lower court, and the Defendant did not agree with the victimized police officer up to the trial.

On the other hand, there are favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, and that the victim C of the obstruction of business is not punished against the defendant.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., the prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too uneasible and inappropriate.

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

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