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(영문) 서울북부지방법원 2013.11.29 2013노1314

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 3,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s punishment imposed by the lower court is too uneasy and unfair, and thus, the Prosecutor’s assertion is without merit, as it is unreasonable in light of the following: (a) the Defendant’s confession of the crime of this case and the motive that the Defendant committed a bicycle theft report under the influence of alcohol; (b) the Defendant’s daily work and support the children of Grade 1 intellectual disability 1.

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.