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(영문) 서울북부지방법원 2015.01.15 2014노1496

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. Although the crime of this case committed by the Defendant is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, it is necessary to strictly punish the Defendant. However, the Defendant recognized the Defendant’s mistake and divided it in depth, and the degree of assault against the police officer is relatively heavy. After being punished by a fine in 197, there is no criminal records after the Defendant was punished, and all other circumstances, such as the motive and background leading up to the instant crime, the Defendant’s age, character and behavior, the Defendant’s age, character and conduct, the environment, occupation and family relationship, etc., are considered to be considered to be unfair.

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.