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(영문) 서울동부지방법원 2015.02.12 2014노1519

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant's crime of this case is not good in light of the nature of the crime, since the crime of this case committed by the defendant was committed against the police officer who prevented the disturbing act, such as taking a strong price of chest as a hand room with the insulting speaker, etc., and the punishment of the court below (three million won of fine) is too uneasible and unfair.

2. The judgment is based on the following facts: (a) the police officer dispatched upon receipt of the report made an insulting speech under the influence of alcohol; and (b) the defendant's crime of obstructing the performance of official duties by using his chest as a hand floor is not good; (c) the defendant's assault level does not seem to be more serious; (d) the defendant, who was a Chinese Bridge in Korea before 18 years ago, did not have any criminal record before the crime of this case; (e) although the defendant did not reach an agreement with the police officer who was damaged, the defendant would not be able to commit the crime of this case in depth and in the future; and (e) taking into account the defendant's age, character and conduct, motive, means, consequence, etc. of the crime, the defendant's age, character and conduct, environment, the motive, and consequence of the crime, the circumstances after the crime, etc., it cannot be determined that the punishment imposed by the court below is too unreasonable and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.