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(영문) 서울중앙지방법원 2015.07.22 2015노1367
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) of the first instance court is too unhued and unreasonable;

2. The judgment of the court below is the case’s assaulting police officers who properly perform official duties by suffering from uniform, and the nature of the crime is not good in light of its circumstances, behavior patterns, etc.

However, the defendant is an initial criminal who has no record of criminal punishment, and is recognized as committing a crime, and has committed a misunderstanding in depth and has not committed a second offense in the future.

In addition, in full view of the defendant's age, character and conduct, environment, results of the crime, and all the sentencing conditions shown in the arguments and records, the first instance sentence is too uneasible and unfair.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.

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