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(영문) 대전지방법원 2015.09.16 2015노1658
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. Determination that the Defendant interferes with the police officer’s performance of official duties without any particular reason; that the Defendant’s time from which the Defendant interfered with the performance of official duties reaches about 30 to 40 (investigative record 34 pages); and that the Defendant’s act of obstructing the performance of official duties against the police officer in uniform requires strict punishment to enhance the public’s trust in the nation’s public authority is

However, the circumstances favorable to the defendant are that the defendant led to the crime of this case and reflects his mistake in depth, and that there is no particular criminal record in addition to the punishment once for the crime of this case.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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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