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(영문) 대전지방법원 2015.09.22 2014노3721
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is deemed to be too unhued and unfair.

2. Determination

A. The instant crime is a case where the Defendant assaulted a police officer who is taking safety measures against the Defendant while under the influence of alcohol and obstructed the Defendant’s performance of official duties, and thus the Defendant’s responsibility is not weak.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant led to an offense and reflects the wrongness, that the Defendant deposited KRW 2 million for the victimized police officer, and that the Defendant supported the mother and her children.

In addition, considering the Defendant’s age, living environment, background and result of the crime, and all of the sentencing conditions indicated in the instant case, such as circumstances after the crime, the sentence of the lower court is adequate.

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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