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(영문) 대전지방법원 2015.09.17 2015노1802
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, and one hundred and sixty hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The crime of obstruction of the performance of official duties requires strict punishment as a crime prejudicial to the function of the State by nullifying a legitimate exercise of public authority; the defendant's two preceding convictions are disadvantageous to him; the defendant confessions and reflects the crime of this case; the defendant has not been sentenced to a suspended sentence or a heavier punishment; the defendant's social ties relation seems evident; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime; 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 after the crime, are considered as being committed; therefore, the prosecutor's allegation of unfair sentencing is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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