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(영문) 광주지방법원 2015.09.23 2015노217
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties of this case. However, in full view of the following: (a) the Defendant agreed with the victimized police officer, and the victimized police officer does not want the Defendant’s punishment; (b) there is no record of criminal punishment except that the Defendant was punished for the crime of injury in 1996; and (c) other various sentencing conditions indicated in the argument of this case, such as the background of the crime of this case; (d) circumstances after the crime was committed; (e) the Defendant’s age, character, conduct, and environment

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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