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(영문) 춘천지방법원 강릉지원 2014.06.05 2014노144
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below committed the crime of this case in contingency that A, his child suffering from depression, was arrested by the police. The defendant's act of obstruction of performance of official duties, breathly booms A's hand, and obstructed the arrest of the police officer, and did not exercise direct violence against the police officer's body. The defendant did not have a criminal record since 2001, the defendant did not commit a crime again while she closely reflects the crime of this case, and the defendant does not commit a crime again, and the court below's punishment is deemed to be too uneasible, and the defendant's age, character and behavior, environment, circumstances, and result of the crime of this case and all the sentencing conditions specified in the records and arguments of this case are considered to be unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal 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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