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(영문) 서울서부지방법원 2014.10.17 2014노954
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence of the lower court (one year of suspended execution in six months of imprisonment) is too minor;

2. The crime of this case is an unfavorable circumstance to the defendant, such as that the defendant assaulted the static landscape in the course of performing his/her duties, that the nature of the crime is not less severe, that the landscape of damage wants to be punished by the defendant, that the defendant was sentenced to the suspension of execution due to obstruction of performance of official duties and the crime of bodily injury, and that there was a record of being sentenced to a fine due to violent crimes

However, considering the fact that the defendant led to the confession of the crime and seriously reflects on the defendant, the fact that the defendant committed contingent crimes, the fact that the landscape of damage was not at risk, the fact that there was no record of being punished as obstruction of performance of official duties or violent crimes after the year 2004, there was no change in circumstances that may be particularly considered in the trial, and all other factors of sentencing as shown in the argument of this case, the sentence of the court below against the defendant is appropriate.

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

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