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(영문) 서울서부지방법원 2014.10.31 2014노1063

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too minor;

2. The crime of this case is the circumstances favorable to the defendant, such as that the defendant assaulted the static landscape in the course of performing his duties, and that the nature of the crime is not weak, and that the defendant has been sentenced to a fine for the crime of assault in 2013.

However, the sentence of the court below against the defendant is appropriate in full view of the following factors: (a) the defendant acknowledges and seriously reflects the crime in the trial; (b) the landscape of damage does not place an injury; (c) the defendant has no same kind of power to the defendant; and (d) there is no change in circumstances that may be particularly considered in the trial; and (e) there is no change in circumstances that are expressed in the arguments in this case.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.