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(영문) 대전지방법원 2015.12.10 2015노2341
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended execution, and fines for three hundred thousand won, and eight hours of community service order) of the lower court against the Defendant is deemed too uneasy and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and the defendant's criminal records are disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the defendant's wife seems to clearly appeal the defendant's prior position, etc., and the scope of the sentencing guidelines enacted by the Supreme Court's sentencing committee, the category 1 of the crime of obstruction of performance of official duties, the first category of the crime of obstruction of performance of official duties, the decision of the recommended area (the basic area), the scope of the recommended sentence (one month to one year), the scope of suspended sentence (one month to one month), the scope of suspended sentence, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., the defendant's punishment against the defendant is too uneasy and unfair. Thus, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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