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(영문) 대전지방법원 2016.09.08 2016노237

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court against the Defendant is deemed to be too uneased and unreasonable.

2. The crime of this case is a case where the defendant obstructed the legitimate execution of duties by police officers, and the nature of the crime is not good, and is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant reflects his mistake; (b) deposited KRW 1.5 million for the police officer whose performance of duties was interfered with by the Defendant; and (c) and other various conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the offense; (b) the sentencing of the Defendant in the lower judgment appears to have not exceeded the reasonable bounds of discretion; (c) thus, the Defendant’s sentence against the Defendant is too uneasible, and thus, the Prosecutor’

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.