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(영문) 광주지방법원 2015.10.28 2015노708

경범죄처벌법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two 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 necessary to strictly punish the crime of obstruction of the performance of official duties of this case. However, in full view of the following: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the degree of the police officer’s tangible force; (c) there is no record of criminal punishment since 2007; and (d) other various sentencing conditions indicated in the argument of this case, including the background of the crime of this case; (b) the circumstances after the crime of this case; (c) the Defendant’s age, character, conduct, and environment, the lower court’s punishment is too un

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