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(영문) 광주지방법원 2015.07.22 2014노3199
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The court below's decision is just in light of the circumstances where it is difficult for the defendant to know that his wife does not receive telephone, and the nature of the crime is bad by allowing the police officer to move out to the future of his residence without any justifiable reason and using violence, etc. However, the defendant recognized his mistake and reflects it, while the damaged police officer's actions against him, the fact that the damaged police officer was punished for the same crime after 2004, and that there was no record of punishment for the same crime. In addition, the court below's punishment is not deemed unreasonable because it is too unreasonable in light of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc.

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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