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(영문) 대전지방법원 2015.08.21 2014노3612
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court on the summary of the grounds of appeal (the postponement of sentence: fine of KRW 3 million) is too uneasible.

2. Determination

A. In light of the fact that the crime of this case is committed against a police officer who was dispatched after receiving a report by the Defendant, and the nature of the crime is not good, and that there is a need to strictly punish the Defendant in order to establish the state’s legal order and eradicate the light of the public authority.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have any specific criminal record at 24 years of age, confession and reflects a crime, and the degree of obstruction of the performance of official duties is not hot.

In addition, considering all sentencing conditions indicated in the instant case, such as the family relationship, living environment, details and result of the Defendant, and the circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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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