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(영문) 대전지방법원 2015.07.24 2015노305
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the instant crime committed assaults a police officer while taking a bath against a police officer dispatched after receiving a report by the Defendant, and that the nature of the crime is not good due to the damage of a passenger car owned by the victim G, and that there is a need to strictly punish the Defendant in order to establish the state’s legal order and eradicate the light of public authority.

B. Meanwhile, there are extenuating circumstances, such as the Defendant’s absence of any specific criminal record, confession of and reflects on a crime, the degree of assault and abusiveism, and the victim G and the victimized police officer’s punishment.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, family relationship, living environment, details and consequence, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion 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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