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(영문) 서울동부지방법원 2015.01.15 2014노1419
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is very poor that the crime of this case was committed against the police officer who prevented the defendant from interfering with his business without paying the taxi fee, along with insulting speech, and the crime was committed. The punishment of the court below (three million won of fine) is too unreasonable.

2. Although the nature of the crime of this case committed by a police officer who was called out after receiving a report that the Defendant was under the influence of alcohol and was unable to pay a taxi fee properly, it is not good to say that the degree of assault is relatively weak, as the degree of assault is a mere degree to which the Defendant’s act was committed by his own body, and it is against the Defendant’s depth, and there is no specific criminal power other than two times prior to a drunk driving, and it is not determined that the Defendant’s age, character, character, environment, economic level, motive, means, and consequence of the crime, etc., all of the circumstances after the crime, etc., are excessive so far as the sentence imposed by the lower court should be reversed.

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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