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(영문) 서울서부지방법원 2015.11.12 2015노1446
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 4 million won) is too minor.

2. The rationale behind the Defendant’s denial of a crime up to the trial by the lower court, and the fact that it is not very good to the nature of the crime and requires strict punishment at the level of establishing public authority by assaulting a police officer on duty who called out after receiving 112 a report and wearing a uniform is an element of sentencing unfavorable to the Defendant.

However, it is the sentencing factor favorable to the defendant that the damage suffered by police officers or assault is not severe, that the defendant was not punished heavier than the fine, and that there is no same criminal power.

In addition, when considering the various factors of sentencing prescribed 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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