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(영문) 대구지방법원 2015.03.27 2014노1532
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court 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, the crime of obstruction of performance of official duties needs to be strictly punished. However, although the defendant is unable to commit the crime of this case while making a confession of the crime of this case, there is no past record of punishment exceeding the previous or fine (two times), the degree of injury of the damaged public official is minor, the degree of injury of the damaged public official has reached an agreement with the damaged public official, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., do not seem to be unreasonable. Thus, the prosecutor's allegation above 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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