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(영문) 의정부지방법원 2015.05.08 2014노2153

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the court below (five million won of a fine) is too unfilled.

2. In light of the contents and circumstances of the crime, etc., the crime of this case committed by the defendant is deemed to be an unfavorable condition against the defendant, such as the crime committed without being aware of the nature of the crime in light of the contents and circumstances of the crime, and the crime of this case committed without being aware of it during the suspension period of execution due to violent crimes, but on the other hand, the defendant led to confession of the crime of this case and statement that he reflects his depth of his mistake, and his family members and supporters actively want the defendant's wife, and the degree of exercising violence is relatively less severe due to contingent crimes, the court below deposited 1 million won for the victimized police officer, without the same criminal record, the fact that the damaged police officer did not have the same kind of crime, the circumstance that the disabled person of Grade 6 was treated with sulfur disorder and alcohol dependence for a long time, and the defendant seems to have an opportunity to reflect sufficiently through imprisonment with prison labor during the period of suspension of execution due to violent crimes, considering various circumstances of the defendant, and there is no motive and circumstance to determine the punishment of this case.

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.