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(영문) 의정부지방법원 2015.06.23 2015노406
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. In order to establish a state’s legal order and eradicate a light of public authority, it is necessary to strictly punish a crime of obstruction of performance of official duties, and assaulting a police officer after having received 112 report to the police officer dispatched without any particular reason. It is recognized that the nature of the crime is not good.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) there is no record of being punished for obstruction of performance of official duties; (c) the degree of damage inflicted by police officers is not serious; and (d) the Defendant’s age, circumstances leading to the instant crime; and (b) other circumstances that form the conditions for sentencing as shown in the instant argument, such as the circumstances after the commission of the crime, the lower

C. Therefore, the prosecutor's above assertion is without merit.

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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