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(영문) 대전지방법원 2015.08.20 2015노1609

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court on the Defendant is too unfased 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 the legitimate exercise of public authority, and the fact that the defendant was sentenced to suspended execution as a crime of violation of the Punishment of Violences, etc. Act and again committed the instant crime during the suspended execution period is disadvantageous.

However, under the influence of alcohol, the Defendant brought about the instant crime in a contingent manner, appears to have been divided into a truth, and the Defendant deposited KRW 500,000 to G with the victim of the instant crime and the other party, and one million won to H by a police officer, taking into account various sentencing conditions under Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, as well as various sentencing conditions under Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, environment, motive, means and consequence, circumstances after the crime, etc., the Defendant’s punishment against the Defendant cannot be deemed to be unfair

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