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(영문) 수원지방법원 2015.10.08 2015노2279
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. It is true that this case is a case where the defendant assaultss a police officer who inquireds of the defendant's address to return home the defendant who is under the influence of alcohol within the police zone, and thus, the defendant's liability for the crime is not minor.

However, in full view of the following facts: (a) the Defendant committed the instant crime in depth and did not repeat again; (b) appears to have committed the instant crime in contingency and impulsely under the influence of alcohol; (c) there is no particular criminal record other than criminal punishment twice criminal punishment due to a drunk driving, etc.; and (d) there is no record of the same crime; and (c) other various sentencing conditions as indicated in the instant argument, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the lower court’s punishment is deemed to be too unjustifiable and unreasonable; and thus, the Prosecutor’s above assertion is rejected.

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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