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(영문) 전주지방법원 2014.10.31 2014노629

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (hereinafter “fine 3,00,000”) against the Defendant on the summary of the grounds of appeal is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the defendant while the defendant was under the period of suspension of execution due to the same kind of crime, it is hard to view that the crime of this case was committed by the police officer who was called upon receiving a report without wearing a uniform, and the nature and circumstances of the crime are not good. The defendant, even before the crime of this case was committed by the D Hospital where the defendant's wife was hospitalized, despite being given a notice of minor crime by drinking alcohol and drinking alcohol at the D Hospital where the defendant's wife was hospitalized, there was no few hours of time, and again, the crime of this case was committed. However, the defendant's confession of the crime of this case and was detained for more than one month at the court below, and it seems that the defendant had an opportunity to sufficiently reflect on the crime of this case. The defendant appears to have reached the crime of this case under the influence of alcohol, and the degree of violence against the police officer's health is not sufficient to Grade 3 mental disorder, and there is no reason to recognize the defendant's age and status of injury to the defendant.

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.