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(영문) 서울고등법원 2015.07.02 2015노1286

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: In light of the necessity of the strict delegation on the obstruction of performance of official duties by the defendant, the attitude that the defendant denies the crime and does not seem to see the reflective light, and the previous case two times, etc., the lower court’s penalty of KRW 4 million is too uneasible and unfair.

2. The need to strictize the obstruction of performance of official duties and other factors unfavorable to the Defendant cited by the prosecutor are recognized.

However, in light of all the factors of sentencing, including the fact that the Defendant paid the fine on two occasions in 1989 and 1990 as a violation of the Punishment of Violences, etc. Act, the Defendant did not have the previous one, operated a small restaurant after failure of the business, supported two children who are students and 94 years old old-age old-age old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-oldness-related circumstances leading to the instant case, and showed anti-discrimination light, it cannot be deemed that the lower

3. In conclusion, the prosecutor's appeal is dismissed on the ground that it is without merit.