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(영문) 대전지방법원 2015.04.09 2014노2351
공무집행방해
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., indubity) of the original judgment (e., a fine of three million won) is deemed to be too uneased and unreasonable.

2. The crime of this case committed by the Defendant, upon receiving a report 112, is an act of assaulting a police officer dispatched by the Defendant and obstructing his legitimate performance of official duties, and the liability for the crime is not less than that against the Defendant, and the Defendant has a record of punishment for the same crime (one time of fine).

However, in light of all the sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable to the extent that the sentence of the court below is reversed, in full view of the following factors: (a) the fact that the court below imposed the fine on the Defendant; (b) the fact that the Defendant was suffering from the Defendant appears to be the cause of the crime of this case; (c) the degree of assault is relatively minor; and (d) the victim police officer was not at risk of injury therefrom; (d) the Defendant was sentenced to a suspended sentence or a heavier punishment; and (e) there was no other force that the Defendant was sentenced to a suspended sentence or a heavier punishment; and

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition

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