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(영문) 의정부지방법원 2015.05.19 2015노100

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. The crime of this case is recognized as an assaulting a police officer’s face in traffic control service, and the crime of this case requires a strict punishment of the nature of the crime, and the fact that a police officer failed to receive a manual.

B. However, in full view of all other circumstances, including the Defendant’s age, character and conduct, the environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court is too unjustifiable, and thus, cannot be deemed unreasonable, considering that the sentence of the lower court is too unreasonable.

C. Therefore, prosecutor's assertion is without merit.

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.