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(영문) 서울남부지방법원 2015.04.03 2014노1825
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 of KRW 1.5 million (a fine of KRW 1.5 million) is too unhued.

2. The instant crime committed by the lower court, under the influence of alcohol, deemed that: (a) the instant crime committed by a police officer was committed by a police officer, she had A, a next to the patrolr’s seat, with a view to arresting A; (b) the Defendant was able to take the hand of the police officer while taking the boom; and (c) the Defendant attempted to attract A by opening the back of the patrolr, and thereby obstructing the performance of his duties.

However, in full view of all the sentencing conditions, such as the motive for the instant crime and the circumstances after the instant crime, including the fact that the Defendant reflects the instant crime, the fact that the Defendant appears to have committed the instant crime in a drunken state, the Defendant is the primary offender, the degree of tangible power exercised, and the degree of damage is weak, etc., it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

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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