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(영문) 광주지방법원 2015.04.23 2014노1964
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (7 million won of a fine) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable element of sentencing, such as the fact that police officers have assaulted police officers against the legitimate enforcement of the law, that there is a high possibility of criticism, that there is a criminal record identical to the defendant, and that there is a large number of suspended execution of sentence and

However, there are favorable factors for sentencing, such as the fact that the defendant's mistake is recognized, that the defendant has reached an agreement with the police officers dispatched at that time, that the defendant has a disability of class 5 in delay, and that there is economic difficulty.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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