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(영문) 창원지방법원 2015.10.29 2014노2641
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (three million won of fine) is too unhued and unreasonable.

2. It is recognized that the crime of obstruction of performance of official duties is a crime that undermines the legitimate exercise of public authority, thereby undermining the function of the State.

However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant has no record of punishment in the past; and (c) the extent of assault against the victimized police officers was relatively heavy; and (d) there was no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and behavior, environment, motive and background of the offense; (c) means and method of the offense; and (d) various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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