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(영문) 서울남부지방법원 2015.03.19 2014노2019
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the fact that the punishment imposed by the court below on the defendant (two million won of fine) has the power of causing the defendant to commit a crime of assault, and that a serious punishment is necessary for the crime of obstructing the performance of official duties.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, the circumstances leading up to the instant crime, degree of damage, and outcome, the sentence imposed by the lower court is too uneasible, and thus, cannot be deemed unfair, in so doing.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25 of the Regulation on Criminal Procedure, the term "1..... regular concurrence" in part 2 of the decision of the court below is clear that "1......... selection of a fine is omitted," and such addition is corrected.

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