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(영문) 부산지방법원 2014.08.21 2014노2325
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The defendant did not grasp the detailed circumstances and did not have any disturbance, such as taking a female public official's book, and considering the fact that the obstruction of performance of official duties is a serious infringement of legitimate public authority, and thus, it is necessary to give a warning corresponding to the defendant.

However, in light of the fact that the defendant has no ability to commit the same kind of crime and is against the mistake, that the defendant is living at the convenience store as a basic living beneficiary, and that he is expected to be suffering from mental illness such as net symptoms, etc., above all, the defendant's age, character and behavior, environment, etc., and other various sentencing requirements specified in the records and the trial process of this case, it is reasonable to see that the sentencing of the court below that sentenced 2 million won is appropriate.

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.

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, the “CCTV Images Copy” in the summary of the evidence ex officio shall be corrected to “CCTVs Copy”.

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