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(영문) 광주지방법원 2015.01.07 2014노2888
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although there are many criminal records of violence including the Defendant’s punishment, the degree of obstruction of the performance of official duties of this case is minor, while the crime of this case is to be considered as a concurrent crime under the latter part of Article 37 of the Criminal Act with the previous conviction for which the judgment of the court below became final and the concurrent crimes under the latter part of Article 37 of the Criminal Act. In full view of the circumstances leading to the crime of this case, the circumstances following the crime of this case, the Defendant’s age, character and conduct, and environment, etc., the court below’s punishment is not deemed to be too unjustifiable, and thus, the prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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