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(영문) 인천지방법원 2014.12.12 2014노2921

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of violence) is that the defendant was punished for multiple times of violence, and that the defendant wears his uniform and uses violence against police officers in the performance of official duties, and thus the nature of the crime is not good, the sentence of the court below that sentenced the defendant to a fine of KRW 3 million is unreasonable compared to the defendant's liability.

2. Even when considering the circumstances asserted by the public prosecutor, considering the following circumstances, the punishment imposed by the court below is too unreasonable, in light of the following: (a) the defendant seriously reflects his/her mistake; (b) the degree of assault against the police officer is relatively minor; and (c) the defendant has no criminal record beyond the fine; and (d) the circumstances, motive, means and result leading to the crime of this case; (b) the circumstances before and after the crime of this case; (c) the defendant’s age, character and conduct, and environment; and (d) other circumstances that form conditions for sentencing as shown in the records

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.