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(영문) 서울동부지방법원 2014.11.28 2014노1438
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment of this case is that the police officers dispatched after receiving the report of this case are assaulted by the defendant and the defendant's wife and her father in the process of separating them from the defendant's wife and her father, and there are some circumstances unfavorable to the defendant, such as the defendant's primary offender and the defendant's failure to recover damage to police officers or get used to do so. However, the defendant's primary offender and the defendant's mistake in depth and reflects her mistake, and the defendant committed the crime of this case by contingency under the influence of alcohol, in light of the favorable circumstances such as the defendant's crime's motive, means and result, the situation after the crime was committed, the defendant's age, character and conduct, intelligence and environment, etc., the prosecutor's above assertion is not reasonable since it is too too too unfair.

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.

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