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(영문) 의정부지방법원 2020.09.18 2019노3153
공무집행방해
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. The crime of obstruction of the performance of official duties is an offense detrimental to the State’s function by hindering the exercise of legitimate public authority, and thus requires strict punishment. However, there is no change in the sentencing conditions compared to the original judgment, in light of the favorable circumstances, such as the defendant’s acknowledgement of the crime of this case and the fact that there is no record of criminal punishment, and that there is no change in the sentencing conditions compared to the original judgment. In addition, in light of the sentencing conditions indicated in the argument of this case, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too

Therefore, 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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