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(영문) 서울동부지방법원 2015.12.17 2015노1274
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant 200,000 won, which was sentenced by the lower court, is too uneasable and unreasonable in light of the following: (a) the Defendant 200,000 won, kneeing the knee, etc. of the police officers on duty in a legitimate way without any reason; (b) there is a need to strictly punish the crimes against the public authority that duly enforce the law; and (c) the police officers who were assaulted want to be punished against the Defendant.

2. Considering the circumstances in which the prosecutor’s decision on the grounds for appeal is well-founded, the Defendant made a confession of the crime and repents his mistake; there is no record of punishment prior to the occurrence of the instant crime; and the mental health status is not good due to the bipolar disorder; examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and examining the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; the amount of punishment

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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