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(영문) 서울동부지방법원 2015.04.09 2014노1600
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant took the police officer, barring the police officer from the course of the police vehicle. In light of the fact that the nature of the crime is poor, the necessity of strict punishment is a crime resistanceing the public authority that duly executes the law, and that there was no attitude against the Defendant, such as denying a part of the crime in the investigation agency, etc., the Defendant’s fine of three million won, which the lower court sentenced against the Defendant, is unreasonable.

2. Even in light of the circumstances that the prosecutor’s decision on the grounds for appeal is well-founded, considering the following: (a) the Defendant was arrested and carried out as a flagrant offender, and the Defendant brought about the rest of the instant case, which was brought about the instant case, by deeming that he was objectively interested in the fact that the Defendant was arrested and carried out as a pro-friendly flagrant offender; (b) the confession and the mistake in the lower court court’s judgment was committed; (c) the Defendant was the first offender without any previous conviction; and (d) other conditions of sentencing stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, character and environment, motive

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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