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(영문) 광주지방법원 2015.08.12 2014노3206
공무집행방해등
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. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and the fact that the defendant was punished by a fine for the same kind of crime around 2009, etc. However, there are no criminal records above the suspension of execution, on the other hand, that the defendant has committed a crime more than the suspension of execution, and that the defendant deposited money for the victim police officers, etc. are favorable circumstances. In full view of the circumstances leading up to the instant crime, circumstances after the commission of the crime, the defendant's age, character and behavior, and environment, it is not recognized that the court below's punishment is too unreasonable, and the prosecutor's above assertion is without merit.

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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