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(영문) 대구지방법원 2015.06.10 2014노3931
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. Although the Defendant’s crime of obstruction of performance of official duties in this case requires a strict punishment as an offense prejudicial to the State’s function by nullifying a legitimate exercise of public authority, the Defendant recognized the instant crime and did not repeat the crime in violation of his mistake, the degree of damage is relatively heavy, the Defendant D’s punishment is not imposed, the Defendant is a primary offender who has no criminal power, and the Defendant’s age, character and conduct, environment, etc. and arguments are considered in full view of such various circumstances as indicated in the record and arguments, the Defendant’s punishment imposed by the lower court cannot be deemed to be unfair, on the ground that the Defendant’s punishment imposed by the lower court cannot be deemed to be excessive, and the Prosecutor’s assertion

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

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