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(영문) 서울서부지방법원 2015.09.17 2015노737
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 it is difficult to obstruct the exercise of legitimate public authority by assaulting a police official who intends to arrest a defendant as a flagrant offender after receiving a report 112 and having called the defendant as a flagrant offender is an element of sentencing disadvantageous to the defendant.

However, it is the sentencing factor favorable to the defendant that the defendant recognized all of his criminal acts, the primary offender, and the fact that he seems to have committed the crime of this case by drinking alcohol and contingently.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, etc., the sentence of the court below cannot be deemed to be 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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