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(영문) 서울남부지방법원 2013.09.26 2012노1362
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment (three million won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the defendant committed the crime of this case even though he had been punished several times due to the crime of obstruction of performance of official duties, including the crime of obstruction of performance of official duties, it is reasonable to punish the defendant more strictly.

However, in full view of various circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, which are favorable to the defendant, as the defendant acknowledged the crime in this case and against his mistake, the degree of obstruction of performance of official duties cannot be said to be serious, and the defendant seems to be in a very difficult situation, it is not recognized that the defendant is excessively unreasonable since it is too unreasonable to the extent that the defendant's punishment imposed by the court below should be reversed, considering all the circumstances alleged by the prosecutor as grounds for appeal.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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