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(영문) 수원지방법원 2014.10.23 2013노4776
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. The fact that the Defendant had a record of being punished by a fine for the same kind of crime as the instant crime, and that the nature of the instant crime that interfered with the execution of duties by assaulting a police officer carrying out legitimate public duties, etc. is disadvantageous to the Defendant.

However, in full view of the fact that the defendant led to the confession of the crime, the tenant's defendant requested the assistance of the police officer against the unilateral eviction measure of the tenant, but the police officer failed to actively resolve the problem, the circumstances leading up to the crime in this case can be considered, the defendant's economic difficulty, and other various sentencing factors in this case, the court below's punishment cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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