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(영문) 서울고등법원 2014.07.11 2014노1139
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's punishment (one year and six months of imprisonment, and three years of suspended execution) against the defendant is too unfunied and unreasonable.

2. The defendant's judgment on the grounds of appeal was sent to police officers after receiving a report of domestic violence, with a deadly weapon, kitchen knife and industrial insertion, and the defendant's injury was inflicted on G with the victim police officers G in the process is disadvantageous to the defendant.

However, the Defendant did not have any history of being punished for obstruction of performance of official duties, and the Defendant recognized the instant crime and divided his mistake in depth, the victim G suffered injury in the process of physical fighting with the Defendant, not due to the aforementioned lethal weapons, and the victim G did not want to be punished against the Defendant by agreement with the Defendant; the Defendant’s mother died on April 9, 2014 during the judgment of the lower court; the Defendant’s mother died on strokes, etc.; the Defendant’s health conditions are not good due to strokes, etc.; the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and all other factors indicated in the argument of the instant case, it cannot be deemed unfair for the lower court’s punishment against the Defendant.

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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