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(영문) 광주지방법원 2015.08.12 2014노3120
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is not deemed to be a good crime since the defendant obstructed the legitimate performance of official duties by police officers in uniform. However, in full view of the following: (a) the defendant's mistake and reflects the defendant; (b) the circumstances leading up to the crime of this case; (c) the circumstances after the crime of this case; (d) the defendant's age, character and conduct, and environment; and (e) the court below's punishment is too unjustifiable and unreasonable; and (e) the prosecutor's above 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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