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(영문) 서울서부지방법원 2015.09.03 2015노639
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too minor.

2. The conclusion that the Defendant’s act of assaulting a police officer who wears his uniform and is on duty to walk one time to impede the exercise of legitimate public authority is not very good to commit such crime and requires strict punishment at the level of establishing the public authority is an element of sentencing unfavorable to the Defendant.

However, it is the sentencing factor favorable to the defendant that the defendant is a primary offender, that all of his crimes are recognized and reflected, that drinking alcohol was committed by the crime of this case, and that the degree of damage suffered by the police officer is not significant.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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

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