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(영문) 대구지방법원 2019.11.29 2019노3193
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is not deemed to be a good quality in light of its circumstances and the specific form of act. In particular, in order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, etc. that is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) favorable circumstances, such as the primary offender; and (c) the Defendant’s age, character and conduct; (d) environment; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too unjustifiable to the extent that it is recognized as exceeding

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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