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(영문) 광주지방법원 2015.11.11 2015노1073

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties of this case is deemed to have been committed by the Defendant in uniform and expressed a desire to a police officer performing official duties, and thus, it is necessary to strictly punish the Defendant in order to establish the State’s legal order and eradicate public peace. However, the Defendant recognized his mistake and reflects it, the Defendant did not have any record of crime, and the Defendant appears to have caused the instant crime by drinking. In full view of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, and other various sentencing conditions specified in the argument of this case, such as the circumstances leading up to the instant crime, the Defendant’s age, character and behavior, etc., the Prosecutor’s allegation is without merit.

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.