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(영문) 서울북부지방법원 2015.04.02 2014노1694

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. Determination: (a) although the Defendant committed the same kind of crime and was punished as suspension of the execution of imprisonment, the Defendant’s crime of this case is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority; (b) there is a need to severely punish the Defendant; (c) however, the Defendant was erroneous in recognizing the Defendant’s mistake, and the same kind of crime records as above are 15 years prior to now, and the degree of assault against the Defendant’s police officer seems to be relatively serious; and (d) other circumstances that form the conditions for sentencing as indicated in the records, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, occupation, and family relationship, the sentence imposed by the lower court is too unjustifiable and 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.