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(영문) 수원지방법원 2015.01.15 2014노4347
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the Defendant’s punishment is too uneasible and cannot be deemed unfair, and thus, the Prosecutor’s assertion is rejected, on the ground that the Defendant’s mistake and the nature of the crime appears to be against the Defendant, and that there was no serious result of damage to the said police officer, and that there was no criminal record related to the same kind of crime or violence, and that there was no criminal record against the Defendant.

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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