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(영문) 대전지방법원 2015.05.21 2014노3618
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court against the Defendant is deemed unreasonable.

2. The crime of obstruction of performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifying a legitimate exercise of public authority. The crime of obstruction of performance of official duties in this case is unfavorable to the Defendant, such as the following: (a) the Defendant, upon receipt of a report by the Defendant, has the record of being sentenced to suspension of execution due to the same crime; and (b) the Defendant committed the crime of this case without being convicted of a repeated crime due to the same crime; and (c) the Defendant committed the crime of this case

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime in this case, it appears that the Defendant led to the confession of the crime in this case and against the mistake thereof, and there appears to be clear social relation, such as the family members to support the Defendant, etc., as well as various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime

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.

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