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(영문) 서울서부지방법원 2015.04.10 2015노139

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. The Defendant’s assaulting police officers performing official duties and committing the offense is not good.

However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant has no criminal record of the same kind and has no record of punishment heavier than a suspended sentence, as well as all other factors of sentencing as indicated in the record, such as the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, the details and consequence of the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable.

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.