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(영문) 서울서부지방법원 2014.04.03 2013노1148

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. Considering that the Defendant, who was already sentenced to a suspended sentence for the same type of crime, committed the instant crime with the content of infringing public authority within the suspended sentence, and that the same criminal records or violent criminal records are several times, the Defendant should be punished strictly.

However, the crime of this case appears to have been committed in a somewhat unstable state due to the habiting, impulse disorder, and proof of alcohol, etc., there are circumstances to consider the background of the crime, such as the fact that the police officer resisted to restrain the escape of the defendant and assaulted by the police officer, the confession and depth of the crime, work as a public interest personnel, and the mental and medical treatment is being performed while serving as a public interest personnel, and all the sentencing conditions as shown in the records and arguments, such as the circumstance of the crime of this case and the circumstances after the crime, etc., it cannot be said that the sentence of the court below against the defendant is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit and it is so decided as per Disposition under Article 364 (4) of the Criminal Procedure Act.