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(영문) 서울중앙지방법원 2014.10.10 2014노2202
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the crime of this case was grave in the course of obstructing official duties by exercising assault against police officers who wear the summary of the grounds for appeal, the lower court is unreasonable because the punishment (two million won of a fine) is too uneased.

2. The offense of this case cannot be deemed to be light that the Defendant interfered with the police officer’s performance of official duties, such as drinking alcohol at the main place, insulting the victims, and breathing breath of a police officer wearing a uniform dispatched to the site after receiving a report.

However, in full view of the following circumstances: (a) the Defendant is a primary offender; (b) the victims and the victim police officers made efforts to recover from damage by depositing the victims and the victim police officers; and (c) the Defendant’s mistake is in profoundly against the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) all other circumstances constituting the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, etc., it is difficult

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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