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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2015.11.12 2015노1144
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment is that the Defendant’s crime of this case is a crime that has impaired the State’s function by nullifying the legitimate exercise of public authority, and thus, there is a need to strictly punish the Defendant. However, the Defendant is a first offender who has no record of crime, and is deemed to have committed the instant crime in a state of drinking, with no record of crime. The degree of assault inflicted on the police officer is deemed not to have been relatively serious, and the Defendant appears to have committed the instant crime in light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, family relationship, etc., and other various circumstances that form the conditions for sentencing as indicated in the records, the sentence imposed by the lower court cannot be deemed to be unfair because it is too uneasible.

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.

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