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(영문) 의정부지방법원 2015.07.07 2015노915
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment, two years of suspended execution, and forty hours of compliance driving curriculum) is too uncomfortable and unfair;

2. Determination

A. In the case of the crime of obstruction of performance of official duties, it is recognized that the police officer is walking the police officer in the process of arresting him as a flagrant offender and the quality of the crime is not good, and even if there were several records of punishment due to drinking driving, the driving of the crime of obstruction of official duties in this case is reached.

B. However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court is too uneasible and unreasonable. In so doing, it cannot be deemed that the sentence of the lower court is too unreasonable.

C. Therefore, prosecutor's assertion is without merit.

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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