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(영문) 대전지방법원 2015.06.11 2015노400
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 120 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. Of the instant crimes, in the event of the crime of obstruction of performance of official duties among the instant crimes, there is a need to strictly punish the crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and the Defendant’s act of obstruction of performance of official duties, such as causing an injury to one of the police officers, who are the other party, by causing an injury, etc., is disadvantageous to

However, in light of all the facts charged by the defendant, and it appears that the defendant seriously reflects his mistake by depositing KRW 1 million, G, and C for the purpose of F, who is the other party to the crime of this case, and the social relation of the defendant seems clear, such as the defendant's failure to punish the defendant, etc., and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means, and consequence of the crime, etc., the defendant's attitude, character and behavior, environment, motive, means, and consequence, the circumstance before and after the crime, etc., it is not deemed that the sentence of the judgment of the court below is too unjustifiable, and thus the prosecutor's assertion is groundless.

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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