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(영문) 광주지방법원 2016.08.16 2015노3595

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfluent and unfair (a prosecutor stated his/her opinion that he/she shall be punished by imprisonment with labor for a period of six months). 2. The lower court did not have been punished for the same kind of crime or subject to criminal punishment exceeding a fine.

In addition, the defendant committed a contingent crime while committing a crime, all of the crimes are recognized, and the victims are punished by the victim, and the victim police officer was the defendant's wife.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.