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(영문) 의정부지방법원 2014.02.12 2013노608
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (a fine of 1.5 million won) is too unhued and unfair.

2. The judgment follows: although the crime of this case is under the influence of alcohol by the defendant, and prevents police officers from performing their duties, in light of the process, method, frequency, etc. of the crime, the crime of this case is under the influence of alcohol, and the nature of the crime is light in light of the circumstance, method, and frequency, etc. of the crime, the defendant recognized all the crime of this case and stated that he is divided into his own head, and the defendant interfered with his official duties. The part of the defendant's assaulting a police officer is relatively minor, and the defendant has no record of criminal punishment except a fine imposed on two occasions due to the crime of Road Traffic Act, and the defendant has no record of criminal punishment except for a fine imposed on two occasions, the age, character, and character, intelligence and environment of the defendant, the motive, means, and result of the crime of this case, the circumstances, criminal records, family relations, health conditions, etc. after the crime, the judgment of the court below is proper and too unfair, and the prosecutor's assertion that the sentencing of this case is without merit.

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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