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(영문) 춘천지방법원 강릉지원 2015.06.25 2015노187
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is deemed to be too unhued and unreasonable.

2. It is also necessary to strictly punish an act that interferes with legitimate performance of official duties in order to eradicate a situation where the offense, such as assaulting, threatening, etc. of a police officer in uniformed by the defendant, is bad, and that it interferes with national public authority.

However, in full view of the following facts: (a) there was no criminal conviction exceeding a fine against the Defendant; (b) although there was a criminal conviction of a violent fine, the obstruction of performance of official duties is the first time before 2006; (c) the Defendant recognized the Defendant’s criminal act; and (d) the victim did not want the punishment of the Defendant under an agreement with the victim D; and (c) the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence of the instant crime; and (d) various sentencing conditions in the instant case, such as the circumstances after the

Therefore, prosecutor's 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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