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(영문) 수원지방법원 2015.05.01 2014노4617

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The crime of this case is deemed to obstruct the execution of official duties by assaulting a police officer dispatched under the influence of alcohol, etc., and the nature of the crime is extremely poor in light of the background of the crime and the degree of assault; however, in full view of the circumstances that the defendant acknowledged the crime and reflects against the defendant; the defendant did not have any record of criminal punishment; the defendant deposited a part of the amount for the victims; and other circumstances that form the conditions for sentencing specified in the instant case, such as the defendant's age, character and conduct, environment, family relationship, etc., the court below's punishment is deemed to be too uneasible and unfair. Thus, the prosecutor's allegation on

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.