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(영문) 서울동부지방법원 2014.07.25 2014노523

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unhued.

2. The crime of this case was committed against a police officer who was dispatched after receiving a report on domestic violence, breathing him/her, or her breathing him/her at the time of breathing or her breathing him/her, and there were some favorable circumstances against the defendant, such as the nature of the crime and the crime. The defendant committed two times before he/she was sentenced to a violent crime. However, the defendant confessions all of the crime at the trial, and made his/her mistake unfold and reflects his/her depth while he/she made a confession, and the defendant was forced to breath from his/her birth who breathing alcohol with his/her baby, and the police officer who was dispatched after receiving a report was forced to stop the crime of this case, and there are other favorable circumstances such as the defendant's motive and circumstance to be taken into account, and there is no other favorable force to be punished except for the crime of this case and the method and consequence of the crime of this case, the defendant's age after the crime, the sentencing guidelines and circumstances of the defendant's punishment are inappropriate.

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.