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(영문) 춘천지방법원 강릉지원 2014.07.29 2014노182

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The defendant assaulted the police officer in the course of performing his duties, and the nature of the crime in this case is not somewhat weak.

However, in full view of various sentencing conditions in the instant case, including the Defendant’s age, occupation, motive for committing a crime, relationship between the Defendant and the victims, degree of violence and damage, and circumstances after committing a crime, it cannot be said that the lower court’s sentence is too unjustifiable, and thus, is unreasonable, considering the following: (a) the Defendant is a disabled person with a physical disability of class 2; (b) the Defendant is a recipient of basic livelihood security; (c) the Defendant deposited money to the victimized police officers, and (d) the Defendant committed the instant crime contingently in the whole period of ten years or less;

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.