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(영문) 수원지방법원 2015.04.24 2014노4264

폭행등

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. In full view of the following circumstances: (a) the instant crime of this case committed by assaulting a police officer to obstruct the performance of official duties; (b) the Defendant’s nature cannot be deemed to be less than that of obstructing the performance of official duties; (c) the Defendant committed several times of violence; (d) the Defendant committed a crime against the Defendant, which is unfavorable to the Defendant; (e) the Defendant’s recognition of the crime; (e) there was no record of being punished by the obstruction of performance of official duties; (b) the police officer’s assault was not relatively heavy; and (c) other circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.