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(영문) 수원지방법원 2015.04.09 2015노1094

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The judgment of this case is a case of assaulting a police officer dispatched by a resident upon receiving a report from a resident, and it is true that the nature of the crime is not good in that the defendant interfered with a public official's legitimate performance of official duties. However, the defendant is the first offender who has no record of crime up to now, the defendant appears to have committed the crime of this case in a contingent impulse, and the defendant's assault against a police officer is not deemed to be more severe than anything else, and the defendant's assault against the defendant's police officer in light of all kinds of sentencing conditions indicated in the arguments of this case, such as his age, character, character, environment, family relationship, motive and circumstance after the crime, etc., the court below'

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.