beta
(영문) 대전지방법원 2015.07.09 2015노1023

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is too uneased and unreasonable.

2. The crime of obstruction of the performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifying a legitimate exercise of public authority. Thus, the crime of obstruction of the performance of official duties in this case is not good as a case of assaulting the police officer dispatched by the defendant.

However, in full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, the Defendant appears to have led to the confession of the crime of this case and reflects his mistake, and there is no criminal records and criminal records of the same kind that exceed the fine of the Defendant, and other factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case.

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.