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(영문) 대구지방법원 2015.04.22 2014노3223

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant’s crime of obstruction of performance of official duties in this case requires strict punishment as a crime that has impaired the State’s function by nullifying a legitimate exercise of public authority. However, the Defendant recognized the instant crime from the investigative agency to the court of first instance, and did not repeat the instant crime by reflecting the depth of his mistake, the Defendant committed a contingent crime under the influence of alcohol, and the degree of damage caused by the instant crime is relatively heavy, and the Defendant did not have any criminal record other than one fine, the Defendant did not have any criminal record other than one fine, and the Defendant’s age, character and conduct, environment, etc. and all other circumstances revealed in the records and arguments, the Prosecutor’s assertion is without merit.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.