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(영문) 서울서부지방법원 2014.09.26 2014노981
공무집행방해등
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, without any special reason, uses violence against the police officer in uniform, such as pressing him/her, insulting him/her, and pushing him/her with bather with bather bat, etc., which is very poor in the nature of the crime, is an element for sentencing unfavorable to the defendant.

However, in full view of the factors of sentencing favorable to the defendant and other factors of sentencing indicated in the records of this case, such as the fact that the defendant recognized the crime of this case, the defendant was the first offender, the result of the crime, and the fact that the result of the crime was not much important, the sentence of the court below against the defendant is appropriate.

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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