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(영문) 대전지방법원 2015.05.28 2014노3652
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. The crime of obstruction of the performance of official duties is an offense detrimental to the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the Defendant. On December 26, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act in the Youngju District Court’s Young-dong Branch Branch, etc. on December 25, 2013, and was released on December 25, 2013, and then, the Defendant committed the instant crime without being familiar with the repeated offense period.

However, in full view of the favorable circumstances, such as the fact that the defendant was divided into the crime of this case in the truth and against it, that the defendant deposited KRW 300,000 for each police officer E and F of the obstruction of performance of official duties of this case, that the defendant suffers from chronic extractingitis, and that the defendant suffers from emulation between the unknown details, etc., and other factors for sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court's punishment against the defendant cannot be deemed to be unfair since it is too appropriate and too too unreasonable. Thus, the prosecutor's allegation

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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