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(영문) 대전지방법원 2015.04.23 2014노2596
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. The crime of obstruction of the performance of official duties of judgment requires strict punishment as a crime prejudicial to the function of the State by nullifying a legitimate exercise of public authority; the defendant's failure to dispatch the police officer before the patrol; the crime of obstruction of the performance of official duties is not good; etc.; however, the circumstances unfavorable to the defendants; however, there is no particular criminal power other than the defendant being sentenced once to a fine due to a crime of obstruction of the police officer; the defendant led to the confession of the crime of this case and reflects the mistake; and in full view of the 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 of obstruction of the performance of official duties of the court below, and the prosecutor's assertion of unfair sentencing 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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