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(영문) 광주지방법원 2015.11.11 2015노1329
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish the instant crime of obstructing the performance of official duties.

However, in full view of the following: (a) the Defendant is a primary offender and reflects his mistake; (b) the degree of force against police officers is relatively heavy; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime; (d) the circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned 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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