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(영문) 대구지방법원 2015.10.28 2015노888
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

The judgment below

"A fine of five million won is imposed on the defendant in the disposition."

Reasons

1. The judgment of the court below on the gist of the grounds of appeal (the fines of five million won per each of the defendants) is deemed to be too uneasible and unfair.

2. The defendants' crime of obstruction of the performance of official duties in this case needs to be strictly punished as a crime detrimental to the State's function by nullifying legitimate exercise of public authority. However, while the defendants acknowledged the facts charged in this case and reflect their mistakes in depth, the defendants appear to have caused the crime in this case by accident under the influence of alcohol at the time, the defendants A paid 1 million won as the name of the damaged police officers G and the name of the treatment expenses, the defendants did not have any criminal record exceeding a fine, and other circumstances shown in the records and arguments such as the defendants' age, character and behavior, etc., the prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to reject it, and since it is apparent that there is some error in the written judgment of the court below, it is so decided as per Disposition by the court below to correct it under Article

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