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(영문) 서울서부지방법원 2015.11.12 2015노1231

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant reported a disturbance at a restaurant and took a bath to a police officer who called out after receiving a report, and thereby obstructing the police officer’s legitimate execution of his duties, and the nature of the crime is not good in light of the form and method of the act.

However, the fact that the defendant is recognized as committing a crime and is against the defendant, there is no record of punishment exceeding the same criminal record or fine, there was no result of injury to the damaged police officer, and the fact that 700,000 won was deposited for the damaged police officer in the trial, etc. are favorable to the defendant.

In addition, considering the various sentencing conditions shown in the records and pleadings, such as the Defendant’s career, character and conduct, environment, and circumstances after the crime, the lower court’s punishment cannot be deemed as being too uneasible and 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.