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(영문) 대전지방법원 2015.06.18 2015노455
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 instant case is a matter that interferes with police officers’ performance of their duties by doing an act, such as taking electronic percussion locks and arbalestss possessed by police officers, and scambling a police officer’s attack, etc., and obstructing police officers’ performance of their duties.

However, in full view of 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 of the crime, the circumstance before and after the crime, etc., it is deemed that the sentence of the judgment of the court below is too unjustifiable and thus unfair. Thus, the prosecutor’s assertion is without merit, since the defendant’s judgment of the court below is too unreasonable.

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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