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(영문) 대전지방법원 2015.06.11 2015노771
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. Of the instant crimes, the crime of obstruction of performance of official duties among the instant crimes requires strict punishment as a crime prejudicial to the function of the State by nullifying a legitimate exercise of public authority, and the Defendant’s exercise of force against a police official who was performing legitimate duties concerning the arrest of flagrant offenders, and taking a bath or assault, etc., which are not good enough to constitute the instant crimes, are the circumstances unfavorable to the Defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., that the Defendant seems to have led to the confession of all the facts charged in the instant case and against the mistake thereof, and that there is no criminal history for the Defendant, and that there is no other criminal history for the Defendant, the prosecutor’s assertion is without merit, since the sentence of the lower judgment is too un

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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