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(영문) 광주지방법원 2014.11.27 2014노1234

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant to a police officer in lawful performance of official duties. Such crime was committed in a state unfavorable to the Defendant, such as impairing the authority of the public authority and impeding the establishment of a legal order, and thus, it is necessary to satisfy. However, the Defendant appears to have recognized and reflected the instant crime, the degree of the assault committed by the police officer is relatively minor, the Defendant’s age, character and conduct, environment, the circumstances and outcome of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the instant crime, are considered to be unreasonable, given that the lower court’s punishment is too unreasonable. Therefore, the Prosecutor’s allegation is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.