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(영문) 수원지방법원 2015.07.01 2014노5392

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to have committed obstruction of the performance of official duties by arresting a police officer who was dispatched after receiving a report as a police box again, and assaulting a police officer who was on duty, and thus, is not good.

However, the defendant reflects the crime of this case immediately after the crime and repents his mistake.

In addition, the degree of the assault of this case is not severe, and the defendant has no record of criminal punishment heavier than suspension of qualification.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible

Therefore, the prosecutor's above assertion is without merit.

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.