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(영문) 대전지방법원 2015.09.24 2015노968
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (a fine of three million won) is deemed to be too uneasible and unfair.

2. The crime of obstruction of the performance of official duties is an unfavorable circumstance that the punishment for the crime of obstruction of the performance of official duties is required to be strictly punished as a crime prejudicial to the function of the

However, in full view of the following: (a) the Defendants divided the instant crime; (b) the Defendants seem to have reached contingent crimes under the influence of alcohol; (c) the Defendants did not have any criminal record; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, it cannot be deemed that the lower court’s punishment against the Defendants is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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