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(영문) 창원지방법원 2014.11.19 2014노1633

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The instant crime of obstruction of performance of official duties by a police officer, such as threatening and assaulting a police officer called out upon receiving a report that the Defendant may enjoy on the road floor under the influence of alcohol, is likely to interfere with the legitimate execution of duties by the police officer. As such, the crime of obstruction of performance of official duties like this case requires strict punishment as it infringes upon legitimate public authority. There are unfavorable circumstances such as the Defendant’s failure to agree with the police officer who is the victim

However, in full view of all the sentencing conditions in the records and arguments of this case including the Defendant’s age, character and conduct, family relationship, and circumstances after the crime of this case, it is difficult to deem that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion 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.