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(영문) 서울동부지방법원 2015.04.02 2014노1590

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the act of the defendant is an offense against the public authority that duly enforces the law, and requires strict punishment. Furthermore, the defendant took a bath to the police officer who deals with an accident at the site without any justifiable reason, took a face, and was unable to avoid disturbance in the earth. In light of the fact that the nature of the crime is not good, a fine of three million won imposed by the court below against the defendant is too uneasible and unjust.

2. Considering the circumstances where the prosecutor’s decision on the grounds for appeal is well-founded, considering the following: (a) the defendant recognized the defendant’s mistake and speaks against the defendant; (b) there is no record of punishment other than the fine; (c) there is no record of punishment for the same crime as this case; (d) the defendant caused the instant case by contingency while taking advantage of it; (b) the wife and fright children; (c) the police officer should support the wife and fright children; and (d) the police officer who caused the damage did not want the punishment against the defendant several times; and (e) considering the conditions of sentencing prescribed in Article 51 of the Criminal Act including the defendant’s age, character and behavior, intelligence, and environment, the sentence imposed by the court below against

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.