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(영문) 서울북부지방법원 2015.03.20 2014노1749
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. The determination of the Defendant’s mistake that the Defendant used abusive and violent violence against the police officer who called the disturbance at the main point.

However, if the Defendant acknowledges the mistake of drinking as a main body with no penalty power, and considers all of the sentencing conditions shown in the pleadings, such as the Defendant’s age, character and conduct, family environment, the lower court’s punishment is too unjustifiable and unreasonable.

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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