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(영문) 서울서부지방법원 2015.08.13 2015노452
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too minor.

2. The fact that the Defendant, while wearing a uniform, bruckings and brusing the police officers who were properly enforced by law, assaulted is highly likely to criticize the Defendant in terms of the establishment of strict public power.

However, the fact that the defendant is the primary offender, the recognition of the crime and his depth reflects on the crime, and the fact that the crime in this case is likely to lead to contingently under the influence of alcohol is an element of sentencing favorable to

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible 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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