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(영문) 서울남부지방법원 2015.04.10 2014노1805
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the punishment of fine of KRW 2,50,000, which the court below rendered, is too unreasonable in light of the following: (a) the nature of the crime in this case that interferes with the performance of official duties by assaulting a police officer who performs legitimate official duties, is not good; and (b) there is a need to strictly punish a crime that disregards legitimate public authority in order to protect good citizens and maintain social order.

Considering the circumstances asserted by the prosecutor, considering the following, the sentence imposed by the court below is appropriate, and it cannot be deemed unfair because it is too unreasonable, considering the following: (a) the defendant is against the defendant; (b) the defendant has no record of being punished for the same kind of crime; (c) the degree of harm to police officers who interfered with the performance of official duties is not serious; and (d) the age, character and conduct, intelligence and environment of the defendant; (b) the motive, means and consequence of the crime; and (c) the circumstances after the crime.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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