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(영문) 창원지방법원 2015.09.10 2015노1250
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (a fine of 3.5 million won) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the legitimate exercise of public authority and thereby undermines the function of the State, and thus, there is a need to strictize it.

However, in light of the following circumstances: (a) the Defendant recognized his mistake and reflects the fact that there was no past punishment; and (b) there was no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment was rendered; and (c) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (d) the conditions for sentencing as indicated in the present argument and the record, including the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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