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(영문) 수원지방법원 2014.09.30 2014노510

공무집행방해등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The punishment of the first instance court against the defendant in the grounds of appeal (two months of imprisonment, two years of suspended execution, two years of probation, 80 hours of social service) and the punishment of the second instance court (one hundred thousand won of fine) are deemed to be too unhued and unfair.

2. The judgment prosecutor filed an appeal against the judgment of the court below, and the judgment of the court of first instance and the second judgment are concurrently examined. While the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, the crimes of the judgment of the court of second instance requesting formal trial cannot be punished by a single sentence, since the defendant cannot choose imprisonment in accordance with the principle of prohibition of disadvantageous alteration. Thus, the judgment of the court of second instance requesting formal trial cannot be

In full view of the favorable circumstances, such as the fact that the defendant has been punished several times for the same kind of crime, the crime of this case was committed by the police officer, obstructing the performance of official duties by the police officer, insulting the police officer, causing bodily injury to the victim who was under the influence of alcohol, and the attitude of the crime is bad, and the circumstances that endeavored to recover from damage cannot be found. However, considering the favorable circumstances, such as the fact that the defendant's mistake is against the defendant, the degree of injury to the victim I is not relatively heavy, and other favorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, criminal background, conditions before and after the crime, etc., it cannot be said that each sentence imposed by the court below is unfair.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.