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(영문) 광주지방법원 2015.05.12 2014노1720
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the factors of sentencing unfavorable to the police officer who makes the judgment, and obstructing the performance of official duties, or the factors of sentencing that are disadvantageous to the defendant, the fact that the defendant seriously reflects the crime, the defendant deposited 600,000 won for the victim in the trial, the victim's injury is not severe, the defendant does not have any record of criminal punishment, and other favorable sentencing factors, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions of sentencing specified in the records and arguments of this case, are considered as inappropriate.

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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