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(영문) 서울중앙지방법원 2016.10.27 2016노2306

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, community service hours for one hundred and sixty hours) imposed by the court below on the defendant is undue.

2. The crime of this case was committed under the influence of alcohol by the defendant in an emergency room of a hospital and assaulted the victim C, and the victim D who was dispatched after receiving a report, takes a bath about the victim D, and the police station also obstructed the performance of official duties, such as spitation on the face of the police officer F, which is very poor in the nature of the crime, and has not been recovered from damage or agreed. However, although there are circumstances unfavorable to the defendant, the defendant is recognized and against all of the crime of this case, the defendant has no criminal records except for those punished twice by a fine in around 196 and 199, and there are no other criminal records except for those punished twice by a fine in around 196 and 199. In full view of all the various circumstances, the defendant's age, environment, character and conduct, motive for the crime, circumstances before and after the crime, etc., the prosecutor's assertion cannot be accepted as unjust because the sentence imposed by the court below 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 ground that it is without merit. It is so decided as per Disposition.