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(영문) 서울동부지방법원 2014.11.21 2014노1331
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant, upon receiving a report from the police officer who was under the influence of alcohol and received a request from the defendant for returning home from the police officer who was under the influence of alcohol, used a bath and violence, and the nature of the crime and the crime of obstruction of performance of official duties not only undermines the function of the state law and order, such as nullifying the legitimate exercise of public authority, but also affects the safety of the general public, and thus the crime of obstruction of performance of official duties is related to the safety of the general public. There are some circumstances unfavorable to the defendant, such as the defendant's receipt of a letter or agreement from the police officer, but the defendant has not received a letter from the police officer or agreed to do so. However, each of the crimes of this case appears to have been committed in depth and against the defendant, each of the crimes of this case appears to have been committed by the court below, and there is no evidence of punishment for the defendant to the police officer in the same kind, and there are no other economic circumstances such as the defendant's motive and motive for the above crime.

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

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