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(영문) 대전지방법원 2015.07.02 2014노3369
공무집행방해
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the original judgment is deemed to be too uneasible and unfair.

2. The crime of this case was committed by the Defendant’s use of violence against the police officers who performed official duties, and thus, the liability for such crime is not weak, and in order to establish national legal order and eradicate the light of public authority, it is necessary to strictly punish the act of obstruction of performance of official duties against the Defendant.

However, in full view of all the sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means, consequence, etc., the sentence of the court below is too unreasonable to the extent that the sentence of the court below is reversed, taking into account the following: (a) the Defendant’s mistake is against himself; (b) the Defendant was the first offender who has no record of criminal punishment; (c) the police officers did not have any injury due to Defendant’s assault; (d) the Defendant deposited KRW 500,00 for police officers; and (e) the Defendant committed

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.

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