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(영문) 대구지방법원 2015.05.22 2014노2463
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of public authority, the crime of obstruction of performance of official duties like this case requires strict punishment. The crime of this case is committed against the police officers dispatched for the defendant's female friendly Guide, and the nature of the crime is not good. However, while the defendant is committing the crime of this case, there is no record of criminal punishment, it seems that the defendant committed the crime of this case by reporting and interesting the female friendly Guide who was injured while under the influence of alcohol, the degree of damage by the victimized police officers is relatively minor, and other factors such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, its consequence, the circumstance after the crime, etc., are considered, and all of the sentencing conditions indicated in the records and arguments of this case such as the records and arguments of this case, the prosecutor's assertion is without merit, and therefore, is without merit.

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

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