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(영문) 창원지방법원 2015.07.23 2015노844
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the penalty (4 million won of a fine) declared by the court below is too unhued and unreasonable.

2. It is recognized that the case is not less complicated in that the police officer’s wing part of the police officer was assaulted by the Defendant’s desire to take the police officer called upon receiving a report, and that the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to strictize it.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) there was no past history of punishment; (c) there was no history of punishment for the Defendant; and (d) there was no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment was rendered; and (d) there was no change in the Defendant’s age, character and behavior, environment; (b) motive and background of the offense; (c) means and method of the offense; and (d) circumstances that form the conditions for sentencing as indicated in the argument and the record of the instant case, such as the circumstances after the

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

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