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(영문) 수원지방법원 2015.05.21 2014노6627
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the instant crime is unfair in light of the following: (a) the crime committed by the Defendant was committed by assaulting a police officer by taking a bath against him/her; (b) the nature of the crime is very poor; and (c) the importance of the crime is recognized; (d) the act of obstructing performance of official duties against a police officer in uniform requires strict punishment to enhance the public authority of the people; and (e) the Defendant has history of being sentenced to a fine of four million won due to assault. In light of the above, the sentence of the court below, which sentenced the fine, is too unreasonable.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the Defendant did not have any history of criminal punishment except twice a fine due to the violation of the Military Service Act; (d) the degree of assault is relatively minor; and (e) other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the character and conduct of the Defendant and the environment of the Defendant as indicated in the instant records and pleadings, the lower court’s punishment is deemed unreasonable even if considering

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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