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(영문) 서울서부지방법원 2014.11.27 2014노1124
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the court below's decision (a fine of three million won) is without merit, and the defendant asserts that it is unfair by the defendant, and the prosecutor argues that it is unreasonable.

2. The crime of this case by assaulting a police officer on official duty and committing an act disturbing public order, and the defendant shall be punished corresponding to such act.

However, considering all of the factors of sentencing as shown in the records and pleadings, such as the confession and reflect of the Defendant’s crime, the circumstance of the case, the fact that there is no force other than the fine once, and the motive and background of the crime, the circumstances after the crime, the career of the Defendant, and the environment, etc., the sentence of the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and it is so decided as per Disposition pursuant to Article 364(4) of the Criminal Procedure Act.

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