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(영문) 전주지방법원 2014.08.13 2014노472
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (hereinafter “fine 3,00,000”) against the Defendant on the summary of the grounds of appeal is too unhued and unreasonable.

2. The crime of this case is deemed to have committed assault against a police officer who has performed the duty of reporting and processing a assault case while wearing his uniform, and thus requires a strict punishment against the defendant in light of the nature of the crime and the circumstances that are not good. However, the prosecutor's allegation of unfair sentencing is without merit, in full view of the following circumstances: (a) the defendant led to the crime of this case while under the influence of alcohol; (b) the defendant appears to have committed the crime of this case by contingency; (c) the degree of assault against a police officer is difficult to be deemed to be severe; (d) the defendant did not have any record of punishment for the same crime; and (e) the defendant did not have any record of punishment for the same crime; and (e) other circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior,

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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