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(영문) 서울남부지방법원 2016.11.17 2016노661

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) the instant crime committed by the Defendant was committed by assaulting a police officer in the course of performing official duties, and its nature is inferior; and (b) strict punishment is required for the obstruction of performance of official duties to establish a legal order; and (c) the punishment imposed by the lower court is too uneasible and unfair.

2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of crime, crime records, and all of the sentencing circumstances indicated in the instant records and arguments, including favorable or unfavorable circumstances to the Defendant, and the reasons for sentencing of the lower judgment, the lower court’s sentence is too unjustifiable, even considering the various circumstances alleged by the Prosecutor as the grounds for appeal.

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.