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(영문) 대전지방법원 2014.05.22 2013노2941
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (7 million won of a fine) declared by the court below is excessively unhutiled.

2. The offense of committing high-risk acts, such as putting a warning against a police officer, who was dispatched upon receipt of a report by the defendant, such as a dangerous element, is not somewhat weak.

However, it appears that the defendant led to the confession and reflect of the crime of this case, and the defendant does not repeat the crime and is living exemplaryly, there is no criminal conviction or more than the previous and suspended execution, and the defendant's wife wants to leave the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the defendant's place of the crime, and the defendant appears to have served for 17 years in the HH company and lived faithfully. The defendant's place of the defendant's place of work seems to be lost if he was sentenced to suspended execution due to the crime of this case, and the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., and the circumstances before and after the crime of this case, the prosecutor's 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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