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(영문) 대전지방법원 2016.11.03 2016노1476
공무집행방해
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 uneased and unreasonable.

2. The crime of this case is a case where the defendant obstructed the legitimate execution of duties by police officers, and the nature of the crime is not good, and is disadvantageous to the defendant.

However, in full view of the fact that there was no criminal history of the defendant exceeding the same kind of crime or fine, and other 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., the court below's sentence against the defendant is too uneasible and unfair. Thus, the prosecutor's 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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