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(영문) 서울서부지방법원 2015.08.27 2015노540
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the crime. The Defendant assaulted the police officers dispatched to the site by putting in uniform and assaulted the police officers, in light of the form and circumstances of the act, and the fact that the nature of

However, the fact that the defendant has led the defendant while making a confession of the crime as the first offender, and that the defendant deposited KRW 200,000 for E, the victimized police officer, and that the defendant, as well as his family members, appeal his wife, and the leading of the defendant is in favor of the defendant.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, and family relationship, and various sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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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