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(영문) 수원지방법원 2014.04.17 2013노4810

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. Although the Defendant was under the influence of alcohol, it is necessary to impose a reasonable penalty on the Defendant in light of the fact that the instant crime was committed by assaulting a police officer who exercises public authority and obstructing his legitimate performance of duties, and that there is a criminal record having been sentenced to a fine on several occasions due to violent crimes, such as injury, etc.

However, in full view of the following facts: (a) the Defendant did not have the same criminal record; (b) the Defendant was led to confession; and (c) the Defendant did not show violence until the degree of injury to the police officer who is the victim; and (d) the Defendant’s age, character, conduct, occupation and family environment; (b) the background and result of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unreasonable

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.