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(영문) 수원지방법원 2015.12.18 2015노5375

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The part of the judgment that the defendant committed the same kind of crime even though there were multiple violences, which directly exercises the force to police officers, is not good and is therefore not good, and it is necessary to do solemnly.

However, in full view of the following factors: (a) the Defendant recognized the crime of crime; (b) the victim of the crime of interference with business does not want the punishment of the Defendant; (c) the content of the used violence and the degree of damage is relatively minor; and (d) the Defendant’s age, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court cannot be deemed to have sentenced to an excessive minor punishment beyond the bounds

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.