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(영문) 수원지방법원 2015.05.08 2014노5008

공무집행방해

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. The crime of this case is deemed to obstruct the execution of official duties by assaulting a police officer dispatched after receiving a report by the defendant, and the nature of the crime is poor, etc., which are disadvantageous to the defendant, or against the defendant's recognition of the crime, the defendant has no record of punishment for the same kind of crime, the defendant appears to have committed the crime of this case contingently, and other circumstances that are the conditions for sentencing specified in this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., it is deemed that the court below's punishment is too unjustifiable, and thus, the prosecutor's allegation of unfair sentencing is groundless

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.