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(영문) 대전지방법원 2016.09.01 2016노1477
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the original judgment is deemed to be too uneasible and unfair.

2. The crime of this case is an act of assaulting a police officer called out after receiving a report that the defendant drinks the disturbance, and the nature of the crime is not good, etc., which is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant is against the Defendant; (b) there is no record of being sentenced to a fine or heavier punishment; (c) there is no record of being punished for the same kind of crime; and (d) the degree of interference with official duties is relatively minor; and (c) other sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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