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(영문) 의정부지방법원 2015.04.29 2015노745

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. Although the nature of the Defendant’s crime is not good in light of the form and degree of assault committed by the victimized police officer, it appears that the Defendant recognized the instant crime and reflected the Defendant, the Defendant appears to have been making efforts to recover damage in good faith by finding several times the victimized police officers, and the Defendant appears to have committed a contingent crime by drinking, the Defendant appears to have no other criminal power except for the Defendant’s drinking driving once a fine is imposed, and the Defendant’s club fee and his figures want to take the action against the Defendant, and all the sentencing conditions such as the background, motive, and consequence of the instant crime, and the circumstances after the crime cannot be deemed unfair.

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.