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(영문) 서울서부지방법원 2014.11.07 2014노1150
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant is an element for sentencing unfavorable to the Defendant, such as: (a) the Defendant, upon receiving a report 112, took a serious bath to the police officer; (b) assaulted him; and (c) destroyed the police clothes; (d) the degree of tangible force exercised is not somewhat weak; and (e) the Defendant was under the influence of alcohol; and (c) taking the doping of the instant crime.

However, in full view of the factors of sentencing favorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant recognized and reflected the crime of this case, the first offender, and the fact that the health of the defendant is not good, the sentence of the court below against the defendant is adequate.

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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