beta
(영문) 대구지방법원 2015.04.29 2014노3319

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of one million won imposed by the court below is too unfilled and unreasonable.

2. In order to protect the legitimate performance of duties of the state, and to establish a sound social order, it is recognized that the crime of obstruction of performance of official duties needs to be strict. Meanwhile, the prosecutor's assertion is without merit, given that the defendant is acknowledged as all of the crimes of this case and is in profoundly against the defendant, considering the fact that the defendant was the first offender without any previous conviction, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.