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(영문) 서울동부지방법원 2014.09.05 2014노749
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment) is too unhued.

2. The crime of this case was committed against a police officer who gets home by shouldering the defendant who is locked on the street and saluting him, and caused the crime to be inferior to the quality of the crime by obstructing the performance of official duties, such as: (a) the defendant had been sentenced once to a suspended sentence due to obstruction of performance of official duties and several times due to violent crimes; (b) the defendant has been sentenced to a fine due to obstruction of performance of official duties; and (c) the defendant has not recovered or had not been used for the damage; (d) although there are some unfavorable circumstances against the defendant, such as the circumstances that reflects the defendant's mistake and are relatively minor, the motive, means and results of the crime of this case; and (e) other factors of sentencing indicated in the records, such as the motive, means and degree of participation, circumstances after the crime, the age, character and conduct of the defendant, intelligence and environment, etc., it cannot be deemed unfair to deem the sentencing guidelines of the Sentencing Committee.

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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