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(영문) 서울남부지방법원 2013.04.26 2013노246

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a.5 million won of a fine) is too unhued and unreasonable.

2. In full view of the following: (a) the victim K, I, and H did not want the Defendant’s punishment; (b) the Defendant appears to be not in a state of health; (c) the Defendant’s mistake is against his/her own fault; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) the circumstances after the crime were committed, the lower court’s punishment 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 on the ground that it is without merit.

However, pursuant to Article 25 of the Rules on Criminal Procedure, "D" in the 2nd, 2nd, 7th, and 3th and 10th of the judgment of the court below shall be deemed "K", " June 29, 2012" in the 3nd and 3rd and 16th and "2013th" in the 3rd and 9th and 16th.

1. 14. The dismissal of “14.” is corrected as “ January 14, 2013.”

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