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(영문) 수원지방법원 2015.05.15 2013노4672
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of this case during the period of repeated crime, and it is not good to commit the crime by exercising direct force against police officers.

However, in full view of the following factors: (a) the Defendant reflected on the crime; (b) the content and degree of damage of the used violence is relatively minor; and (c) the circumstances of the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the lower court cannot be deemed to have sentenced to an excessive minor punishment beyond the bounds of reasonable discretion in sentencing decisions.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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