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(영문) 서울서부지방법원 2015.08.20 2015노512
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too minor.

2. In determining whether the Defendant’s act of assaulting a police officer’s breath while on duty, booms the breath’s bat, bating the bat, leaving the bats into the bats, leaving the bats to the right hand, and obstructing the exercise of legitimate public authority is a factor for sentencing disadvantageous to the Defendant.

However, it is favorable to the defendant that the defendant recognized all of his own crimes, and that the drinking alcohol constitutes the crime of this case by drinking and contingently, and that the degree of damage suffered by the police officer is not significant.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below 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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