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(영문) 수원지방법원 2015.05.15 2014노5355

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to obstruct the execution of official duties by the defendant, such as assaulting a police officer, and the nature of the crime is poor, etc., which is unfavorable to the defendant, or against the defendant's recognition of the crime, the defendant has no record of criminal punishment, and the defendant appears to have committed the crime of this case by contingently considering various circumstances, which are the conditions for sentencing specified in this case, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the court below's punishment is deemed to be too unjustifiable, and thus, the prosecutor's allegation of unfair sentencing is without merit.

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.