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(영문) 대전지방법원 2015.07.23 2015노1098
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The crime of obstruction of the performance of official duties is considered to be an offense detrimental to the State’s function by nullifying a legitimate exercise of public authority and thus requires strict punishment. However, it appears that the defendant is against his wrong, the defendant appears to have committed the crime of this case in a contingent manner under the influence of alcohol, the defendant has no particular criminal record except for a punishment of a fine of KRW 2 million due to a violation of the Pharmaceutical Affairs Act, the defendant’s wife and his wife seems to clearly have social ties, such as the defendant’s age, character and behavior, environment, motive, means and consequence, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, motive, means and consequence, etc. In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, the 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.

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