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(영문) 서울중앙지방법원 2014.09.18 2014노2531
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. In order to protect the legitimate performance of official duties of the judgment state and to establish a sound social order, the crimes of obstruction of performance of official duties need to be strict, and the defendant does not cause any injury to the police officer.

However, there is no history of punishment for the crime of obstruction of performance of official duties in the past, and there is no history of punishment for imprisonment without prison labor or heavier since 199.

The Defendant led to the confession of the instant crime, and was in depth divided the mistake, and deposited KRW 700,000 for the purpose of H by police officers at the lower court.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unjustifiable, and thus, the prosecutor’s assertion is without merit.

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

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, "the fifth sentence" is added to the application of the law of the court below.

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