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(영문) 대구지방법원 2015.05.20 2014노3590
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 4 million imposed by the court below is too unfased and unreasonable.

2. In order to protect the legitimate performance of duties of the state, and to establish a sound social order, the crime of obstruction of performance of official duties is recognized, but it is not recognized that the defendant recognized all of the crimes of this case and reflects the depth of the defendant, the defendant was not subject to a fine of KRW 1.5 million due to the violation of the Road Traffic Act in 2006, and there is no other criminal record other than the defendant. The victim of the damage to property agreed to the victim of the damage of property only at the investigation stage, and taking into account all the sentencing conditions of the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, etc., the court below's punishment is not deemed to be unfair,

3. Since the appeal by the public prosecutor is without merit, 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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